Legislature(2001 - 2002)
2002-04-23 Senate Journal
Full Journal pdf2002-04-23 Senate Journal Page 2899 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 23, 2002 One Hundredth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:30 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, The Reverend George Walter of St. Brendan's Episcopal Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. With the deepest respect for the religious beliefs of all Alaskans, I offer the following prayer: Oh God, the fountain of wisdom, Whose will is good and gracious, and Whose law is truth: I beseech You so to guide and bless our Senators in the Legislature of this State, that they may enact such laws as shall please You, to the glory of Your Name and the welfare of this people; through Jesus Christ my Lord. Amen. Senator Olson led the Senate in the Pledge of Allegiance. Certification Senator Leman moved and asked unanimous consent that the journal for the ninety-ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2002-04-23 Senate Journal Page 2900 Messages from the Governor SB 291 Message dated and received April 22 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR SENATE BILL NO. 291 "An Act making supplemental and other appropriations; amending appropriations; and providing for an effective date." Chapter 10, SLA 2002 Effective Date: See Chapter Messages from the House Message dated April 22 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 302 CS FOR HOUSE BILL NO. 302(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act establishing the Alaska Gas Corporation, a public corporation, and providing for its structure, management, responsibilities, and operation, and requiring the development of a project plan to evaluate whether construction and operation of a natural gas transmission pipeline project by the corporation is feasible." was read the first time and referred to the Resources and Finance Committees. 2002-04-23 Senate Journal Page 2901 HB 317 CS FOR HOUSE BILL NO. 317(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to stalking and to violating a protective order; and amending Rules 4 and 65, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration." was read the first time and referred to the Judiciary and Finance Committees. HB 319 CS FOR HOUSE BILL NO. 319(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to civil liability for commercial recreational activities and for guest passengers on an aircraft or watercraft; and providing for an effective date." was read the first time and referred to the Judiciary Committee. HB 333 CS FOR HOUSE BILL NO. 333(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act setting timelines for issuance of final orders by the Regulatory Commission of Alaska, amending the authority of the commission to enter compromise settlement orders, and extending the commission's termination date to June 30, 2006; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. 2002-04-23 Senate Journal Page 2902 HB 352 CS FOR HOUSE BILL NO. 352(HES) am BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: "An Act extending the dates for assignment of performance designations of public schools and the dates for reports and monitoring based on those designations; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services Committee. Standing Committee Reports SB 327 The Transportation Committee considered SENATE BILL NO. 327 "An Act relating to motor vehicle insurance; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 327(TRA) "An Act relating to confidentiality of insurance records and hearings and to motor vehicle insurance; and providing for an effective date." Signing do pass: Senator Cowdery, Chair. Signing no recommendation: Senators Wilken, Elton, Ward. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the State Affairs Committee. 2002-04-23 Senate Journal Page 2903 HB 162 Forthcoming State Affairs Senate Committee Substitute (page 2858) for HOUSE BILL NO. 162 "An Act relating to absences from the state under the longevity bonus program" was received today. HB 411 The Rules Committee considered HOUSE BILL NO. 411 "An Act relating to physician assistants; providing that a physician assistant is a health care provider covered by certain laws relating to medical malpractice actions; adding physician assistants to the list of providers against whom unfair discrimination relating to health care insurance is prohibited and to the list of providers who can provide proof of disablement or handicap for the purpose of motor vehicle registration or for the purpose of obtaining a special license plate or a special parking permit; and providing for an effective date." Signing to calendar and do pass: Senator Phillips, Chair, Senators Cowdery, Halford, Therriault. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Department of Community and Economic Development The bill is on today's calendar. HCR 26 The Rules Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(STA) Supporting increased use of the house arrest program/electronic monitoring with sobriety monitoring as a means of preventing crime and reducing the high costs of imprisonment in Alaska. Signing to calendar: Senator Phillips, Chair, Senators Cowdery, Therriault, Ellis. The resolution is on today's calendar. 2002-04-23 Senate Journal Page 2904 Consideration of the Calendar Second Reading of House Bills HB 411 HOUSE BILL NO. 411 "An Act relating to physician assistants; providing that a physician assistant is a health care provider covered by certain laws relating to medical malpractice actions; adding physician assistants to the list of providers against whom unfair discrimination relating to health care insurance is prohibited and to the list of providers who can provide proof of disablement or handicap for the purpose of motor vehicle registration or for the purpose of obtaining a special license plate or a special parking permit; and providing for an effective date" was read the second time. Senator Leman moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 411 was read the third time. Senators Wilken, Taylor, Leman, Ellis, Therriault, Cowdery, Austerman, Lincoln, Elton moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall HOUSE BILL NO. 411 "An Act relating to physician assistants; providing that a physician assistant is a health care provider covered by certain laws relating to medical malpractice actions; adding physician assistants to the list of providers against whom unfair discrimination relating to health care insurance is prohibited and to the list of providers who can provide proof of disablement or handicap for the purpose of motor vehicle registration or for the purpose of obtaining a special license plate or a special parking permit; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2002-04-23 Senate Journal Page 2905 HB 411 Third Reading - Final Passage Effective Dates 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, HOUSE BILL NO. 411 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 clauses. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. Third Reading of Senate Bills SB 4 CS FOR SENATE BILL NO. 4(RLS) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 4(RLS) "An Act relating to optional exemptions from municipal property taxes on residential property and limiting an optional exclusion or exemption to the assessed value of $10,000 for a residence in a municipality with a total bonded indebtedness that equals or exceeds $15,000 multiplied by the number of residents in the municipality; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 4(RLS) Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Green, Halford, Kelly, Leman, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis, Donley, Ellis, Elton, Hoffman, Lincoln, Olson Davis changed from "Yea" to "Nay". 2002-04-23 Senate Journal Page 2906 and so, CS FOR SENATE BILL NO. 4(RLS) passed the Senate. Senator Leman moved for the adoption of the effective date clause. The question being, "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 4(RLS) Effective Date Clause 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 effective date clause was adopted. Senator Olson gave notice of reconsideration. Senate Bills in Third Reading SB 185 CS FOR SENATE BILL NO. 185(FIN) "An Act relating to the basis for determining eligibility for and the amount of power cost equalization payments; and providing for an effective date" which had been held in third reading (page 2891) was before the Senate. Senator Leman moved and asked unanimous consent that CS FOR SENATE BILL NO. 185(FIN) be held in third reading to the April 24 calendar. Without objection, it was so ordered. Second Reading of House Resolutions HCR 26 CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(STA) was read the second time and was before the Senate on final passage. 2002-04-23 Senate Journal Page 2907 The question being: "Shall CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(STA) Supporting increased use of the house arrest program/electronic monitoring with sobriety monitoring as a means of preventing crime and reducing the high costs of imprisonment in Alaska, pass the Senate?" The roll was taken with the following result: CSHCR 26(STA) Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken and so, CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(STA) passed the Senate, was signed by the President and Secretary and returned to the House. Citations th Honoring - Chugiak Volunteer Fire Department, 50 Anniversary Senator(s) Halford, Phillips, Wilken, Leman, Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Hoffman, Ellis, Donley, Stevens, Ward, Cowdery Representative(s) Dyson Honoring - Jenny Dawson Representative(s) Green Senator(s) Ward, Wilken, Leman, Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Halford, Phillips, Hoffman, Donley, Stevens, Cowdery Honoring - Alaska Air National Guard, Golden Anniversary Representative(s) Chenault, Masek, Murkowski, Kott, Green, Cissna, Hayes Senator(s) Ward, Wilken, Leman, Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Halford, Phillips, Hoffman, Ellis, Donley, Stevens, Olson, Cowdery 2002-04-23 Senate Journal Page 2908 Honoring - Harold S. Newcomb, 50 Years of Service to Wasilla Representative(s) Kohring Senator(s) Halford, Wilken, Leman, Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Phillips, Hoffman, Stevens, Ward, Cowdery Honoring - Carrie Sessarego Representative(s) Kapsner Senator(s) Hoffman, Wilken, Leman, Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Halford, Stevens, Olson, Cowdery Commemorating - Law Enforcement Memorial Day, May 10, 2002 Representative(s) Porter Senator(s) Halford, Donley, Wilken, Leman, Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Phillips, Hoffman, Ellis, Stevens, Ward, Cowdery In Memoriam - The Reverend James F. Kelley Senator(s) Halford, Hoffman, Olson, Wilken, Leman, Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Phillips, Donley, Stevens, Ward, Cowdery Representative(s) Kapsner 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. Enrollment SB 176 HOUSE CS FOR CS FOR SENATE BILL NO. 176(RLS) "An Act prohibiting certain coercive activity by distributors; relating to certain required distributor payments and purchases; prohibiting distributors from requiring certain contract terms as a condition for certain acts related to distributorship and ancillary agreements; allowing dealers to bring certain court actions against distributors for certain relief; and making exemptions that relate to the federal Petroleum Marketing Practices Act, situations regulated by the Alaska Gasoline Products Leasing Act, distributorship agreements relating to motor vehicles required to be registered under AS 28.10, activities and agreements by persons licensed under AS 04, contracts between persons licensed 2002-04-23 Senate Journal Page 2909 under AS 04 and out-of-state persons in the alcoholic beverage industry, distributorship agreements involving cigarettes, food, drink, or components of food or drink, manufacturers with 50 or fewer employees, suppliers, manufacturers, importers, and wholesalers of alcoholic beverages" 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 12:32 p.m., April 23, 2002. SJR 31 CS FOR SENATE JOINT RESOLUTION NO. 31(STA) Urging the United States Congress to permit the use of tax exempt bonds to fund loans for veterans who served after 1976, 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 12:32 p.m., April 23, 2002. SCR 28 HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 28(FIN) Establishing the Joint Legislative Salmon Industry Task Force, 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 12:32 p.m., April 23, 2002. Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, dated April 22 was received, reporting the following manifest error in HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 28(FIN), which has been corrected in enrolling: Page 4, line 7, following "RESOLVED": Insert "that" Announcements Announcements are at the end of the journal. 2002-04-23 Senate Journal Page 2910 Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 24, 2002. Without objection, the Senate adjourned at 12:07 p.m. Heidi Vogel Secretary of the Senate April 2002 2002-04-23 Senate Journal Page 2911 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 24 Wednesday Fahrenkamp 203 1:30 PM + HCR 27 LOCAL BOUNDARY COMMISSION PROCEDURES + SB 365 MUNICIPAL IMPROVEMENT AREAS Apr 26 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Apr 23 Tuesday Senate Finance 532 9:00 AM SB 364 MEDICAID PAYMENTS FOR ABORTIONS SB 360 ALASKA NATURAL GAS PROJECT ACT HB 160 REPORTING OF ABORTIONS Bills Previously Heard/Scheduled -- Teleconference Upon Request -- Apr 23 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 Testimony by Invitation Bills Previously Heard/Scheduled 2002-04-23 Senate Journal Page 2912 FINANCE (Continued) Apr 24 Wednesday Senate Finance 532 9:00 AM HB 439 COASTAL ZONE MANAGEMENT PETITIONS SJR 44 STATE-FEDERAL JOINT RESEARCH PLAN HB 307 OIL/GAS EXPLORATION INCENTIVE CREDIT HB 402 ALASKA TEMPORARY ASSISTANCE PROGRAM Bills Previously Heard/Scheduled -- Teleconference Upon Request -- Apr 24 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 Testimony by Invitation Bills Previously Heard/Scheduled Apr 25 Thursday Senate Finance 532 9:00 AM = HB 4 MOTOR VEHICLES & DRUNK DRIVING HB 421 WATER USE ACT PROCEDURES & RECORDS = SB 239 STATE EMPLOYEES CALLED TO MILITARY DUTY Bills Previously Heard/Scheduled -- Teleconference Upon Request -- Apr 25 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 Testimony by Invitation Bills Previously Heard/Scheduled Apr 26 Friday Senate Finance 532 9:00 AM Bills Previously Heard/Scheduled -- Teleconference Upon Request -- ---------------------------------------- 2002-04-23 Senate Journal Page 2913 HEALTH, EDUCATION & SOCIAL SERVICES Apr 24 Wednesday Butrovich 205 1:30 PM -- Rescheduled from 4/22/02-- = SB 250 SCHOOL PERFORMANCE REPORTS HB 352 SCHOOL PERFORMANCE REPORTS = HB 245 MARITAL & FAMILY THERAPISTS = SB 306 PRESCRIPTION DRUG ASSISTANCE TASK FORCE = HB 209 PROGRAM FOR FORMER FOSTER CHILDREN = HB 348 VIOLATION OF A DOMESTIC VIOLENCE ORDER Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 24 Wednesday Beltz 211 1:30 PM + HB 281 CIVIL LIABILITY FOR PROVIDING ALCOHOL + SB 309 ADVERSE POSSESSION + Bills Previously Heard/Scheduled Apr 26 Friday Beltz 211 1:30 PM += SB 248 EXTENDING COUNCIL ON DOMESTIC VIOLENCE + Confirmation Hearing: Legislative Ethics- Arthur S. Robinson, Soldotna + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Apr 23 Tuesday Beltz 211 1:30 PM -- Meeting Canceled -- = HB 504 WAGES FOR WORKERS IN FISHERIES <Bill Postponed to 4/25/02> HJR 38 TERRORISM RISK PROTECTION LEGISLATION <Bill Postponed to 4/25/02> Bills Previously Heard/Scheduled 2002-04-23 Senate Journal Page 2914 LABOR & COMMERCE (Continued) Apr 25 Thursday Beltz 211 1:30 PM + HB 319 RECREATIONAL ACTIVITY LIABILITY <Pending Referral> + HB 182 MOTOR VEHICLE SALES AND DEALERS <Pending Referral> + HB 443 TATTOOING AND BODY PIERCING + Bills Previously Heard/Scheduled += HB 504 WAGES FOR WORKERS IN FISHERIES <Bill Postponed from 4/23/02> += HJR 38 TERRORISM RISK PROTECTION LEGISLATION <Bill Postponed from 4/23/02> ---------------------------------------- RESOURCES Apr 24 Wednesday Butrovich 205 3:30 PM + HB 208 AQUATIC FARMS FOR SHELLFISH += HB 286 FISHING PERMITS/ASSOCIATIONS/ASSESSMENTS + HJR 45 SALMON LABELING + Bills Previously Heard/Scheduled Apr 26 Friday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- RULES Apr 23 Tuesday Fahrenkamp 203 8:30 AM -- Time Change -- SB 326 WASTEWATER DISCHARGE PROGRAM HB 157 TRUST COMPANIES & FIDUCIARIES SCR 31 SUSPEND UNIFORM RULE FOR HB 297 HB 297 AGGRAVATOR FOR SEXUAL OFFENSES HB 298 LEGISLATIVE APPROVAL OF RAILROAD LEASES HB 355 MOBILE TELECOMMUNICATIONS TAX HB 389 MUNI TAX EXEMPTION: DETERIORATED PROPERTY HB 418 ELECTRONIC PROXY VOTING & NOTIFICATION HB 470 COMMON INTEREST OWNERSHIP:OFFERING STMTS 2002-04-23 Senate Journal Page 2915 RULES (Continued) Apr 24 Wednesday Fahrenkamp 203 10:30 AM HB 243 VERIFY AGE REQD FOR DEFENSE IN SEX CRIMES HB 381 FAILURE TO STOP FOR PEACE OFFICER HB 480 DEATH/SURVIVOR BENEFITS IN PERS & TRS HJR 30 DESECRATION OF U.S. FLAG HJR 48 TERMINATION OF FED LAND WITHDRAWALS ---------------------------------------- STATE AFFAIRS Apr 23 Tuesday Beltz 211 3:30 PM HB 344 INCREASE DRIVER'S LICENSE/PERMIT FEES + SB 361 PERMIT COORDINATION & COASTAL ZONE MGMT + SB 363 ELECTIONEERING COMMUNICATIONS Bills Previously Heard/Scheduled Apr 25 Thursday Beltz 211 3:30 PM HB 289 MUNICIPAL MANAGER PLAN HB 305 NONCOMPLIANCE WITH SELECTIVE SERVICE HB 438 DISABLED VETERANS LICENSE PLATES HB 444 ALASKA PUBLIC BUILDING FUND Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 23 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Apr 25 Thursday Butrovich 205 1:30 PM SB 362 VACATE RS2477 RIGHT OF WAY ON USS 5265 HB 374 NAMING DOUTHIT VETERANS' MEMORIAL BRIDGE Bills Previously Heard/Scheduled ---------------------------------------- 2002-04-23 Senate Journal Page 2916 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 29 Monday House Finance 519 5:00 PM ---------------------------------------- OMBUDSMAN SELECTION COMMITTEE Apr 26 Friday Fahrenkamp 203 9:00 AM ---------------------------------------- OTHER MEETINGS ANCHORAGE CAUCUS Apr 23 Tuesday Senate Finance 532 6:00 PM -- Time Change -- Anchorage Capital Projects ---------------------------------------- FISCAL POLICY CAUCUS Apr 23 Tuesday Butrovich 205 12:00 PM ---------------------------------------- MAJORITY CAUCUS Apr 23 Tuesday Capitol 107 1:00 PM