Legislature(2001 - 2002)

2002-04-24 Senate Journal

Full Journal pdf

2002-04-24                     Senate Journal                      Page 2917
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                     April 24, 2002                     
                                                                                                    
                            One Hundred First Day                                                
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:49 a.m.                                                                               
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Greg Lindsay of the                                  
Northern Light United Church. Senator Hoffman moved and asked                                       
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          Respecting one another's religious traditions, I invite                                   
          you to join me in a moment of prayer and reflection.                                      
          Let us pray:                                                                              
                                                                                                    
          Gracious God, Creator of all that is good, You have                                       
          shown Yourself to us in many ways which speak of                                          
          love. Yet in our life of service it's not always easy to                                  
          love others. Sometimes we're too proud or busy,                                           
          sometimes too selfish, sometimes we're too tired, and                                     
          sometimes we're too hurt to love others. May we                                           
          come to feel in our hearts that You love us, O God,                                       
          even when we don't feel lovable.                                                          
                                                                                                    
          Through Your Spirit, teach us to love more                                                
          completely, that we might be the light and the love                                       
          the world so desperately needs. Use the gifts we                                          
          bring today of imagination, enthusiasm, energy and                                        
          love to make this a great place to live for everyone.                                     
                                    Amen.                                                          
                                                                                                    
Senator Hoffman led the Senate in the Pledge of Allegiance.                                         
                                                                                                    

2002-04-24                     Senate Journal                      Page 2918
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the one hundredth legislative day be approved as certified by the                               
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated April 23 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HJR 32                                                                                            
HOUSE JOINT RESOLUTION NO. 32 BY REPRESENTATIVE                                                     
DYSON,                                                                                              
                                                                                                    
              Encouraging the United States Board on Geographic                                    
              Names to adopt place name changes proposed by the                                    
          Alaska Historical Commission.                                                             
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 182                                                                                            
CS FOR HOUSE BILL NO. 182(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
       "An Act relating to certain vehicles, including                                              
       motorcycles and trailers; relating to the registration,                                      
       bonding, and other regulation of motor vehicle dealers;                                      
       relating to the registration and other regulation of certain                                 
       motor vehicle buyers' agents; relating to acts and                                           
       transactions involving vehicles, including trailers, and to                                  
       the acts and practices of certain persons and entities                                       
       involved in vehicle transactions, including trailer                                          
       transactions; relating to consumer protection for used                                       

2002-04-24                     Senate Journal                      Page 2919
            vehicle buyers; amending Rule 3, Alaska Rules of Civil                                 
       Procedure; and providing for an effective date."                                             
                                                                                                    
was read the first time and referred to the Labor and Commerce,                                     
Judiciary and Finance Committees.                                                                   
                                                                                                    
HB 197                                                                                            
CS FOR HOUSE BILL NO. 197(JUD) BY THE HOUSE                                                         
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to health care decisions, including                                      
          do not resuscitate orders and the donation of body                                        
          parts, and to powers of attorney relating to health                                       
          care, including the donation of body parts; and                                           
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Judiciary Committees.                                                                  
                                                                                                    
HB 382                                                                                            
CS FOR HOUSE BILL NO. 382(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to the evaluation and cleanup of                                         
          sites where certain controlled substances may have                                        
          been manufactured or stored; and providing for an                                         
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 59                                                                                             
Forthcoming fiscal information (page 2604) for the Finance                                          
Committee Substitute for SENATE BILL NO. 59 "An Act relating to                                     
awards of federal funds to municipalities for road projects; and                                    
providing for an effective date" published today:                                                   
                                                                                                    
 Fiscal Note No. 2, Department of Transportation and Public                                         
  Facilities                                                                                        

2002-04-24                     Senate Journal                      Page 2920
SB 181                                                                                            
The Finance Committee considered SENATE BILL NO. 181 "An Act                                        
making the interest rate for the Alaska Housing Finance Corporation's                               
small community housing mortgage loans the same as the interest rate                                
on mortgage loans purchased under the corporation's special mortgage                                
loan purchase program from the proceeds of the most recent applicable                               
issue of taxable bonds before the origination or purchase of the small                              
community housing mortgage loans" and recommended it be replaced                                    
with                                                                                                
                                                                                                    
          CS FOR SENATE BILL NO. 181(FIN) "An Act                                                   
          relating to the use of money from the housing                                             
          assistance loan fund, to loans for teacher housing in                                     
          small communities, and to the interest rate on loans                                      
          originated or purchased by the Alaska Housing                                             
          Finance Corporation for small community housing;                                          
          and providing for an effective date."                                                     
                                                                                                    
Signing do pass: Senators Donley, Kelly, Cochairs, Senators Green,                                  
Olson, Wilken, Leman. Signing no recommendation: Senators                                           
Austerman, Ward.                                                                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Revenue                                            
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 364                                                                                            
The Finance Committee considered SENATE BILL NO. 364 "An Act                                        
relating to medical services under the state Medicaid program."                                     
Signing do pass: Senator Kelly, Cochair, Senators Green, Olson,                                     
Leman, Ward. Signing do not pass: Senator Donley, Cochair, Senator                                  
Austerman. Signing no recommendation: Senator Wilken.                                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Health and Social                                  
  Services                                                                                          
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    

2002-04-24                     Senate Journal                      Page 2921
HB 106                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
106(L&C) am "An Act relating to the authorizations for certain state                                
financial institutions of certain powers and limitations; relating to                               
confidential records of depositors and customers of certain financial                               
institutions; relating to the examination of certain institutions subject                           
to AS 06; relating to the Alaska Banking Code, Mutual Savings Bank                                  
Act, Alaska Small Loans Act, and Alaska Credit Union Act; amending                                  
Rule 45, Alaska Rules of Civil Procedure, Rules 17 and 37, Alaska                                   
Rules of Criminal Procedure, and Rule 24, Alaska Bar Rules; and                                     
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          106(FIN)                                                                                  
                                                                                                    
Signing no recommendation: Senators Kelly, Donley, Cochairs,                                        
Senators Green, Austerman, Olson, Ward. Signing do pass: Senator                                    
Leman.                                                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 307                                                                                            
The Finance 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 Kelly, Cochair, Senators Green, Wilken, Ward, Leman.                                  
Signing no recommendation: Senator Donley, Cochair, Senators                                        
Austerman, Hoffman, Olson.                                                                          
                                                                                                    
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 Rules Committee.                                                       

2002-04-24                     Senate Journal                      Page 2922
HB 331                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
331(STA) "An Act relating to appointment of persons to positions that                               
require confirmation by the legislature; and providing for an effective                             
date." Signing no recommendation: Senator Therriault, Chair, Senators                               
Phillips, Davis. Signing do pass: Senator Stevens.                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Office of the Governor                                                    
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 344                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
344(STA) "An Act increasing fees for driver's licenses, instruction                                 
permits, and identification cards; and providing for an effective date."                            
Signing no recommendation: Senator Therriault, Chair, Senators                                      
Phillips, Davis. Signing do pass: Senator Stevens.                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Administration                                                    
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 439                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
439(RES)(title am) "An Act removing provisions providing an                                         
opportunity to petition for review of proposed or final consistency                                 
determinations under the Alaska coastal zone management program;                                    
and limiting the authority of the Alaska Coastal Policy Council to                                  
order a coastal resource district or a state agency to take action with                             
respect to a proposed or final consistency determination" and                                       
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          439(FIN)                                                                                  
          (forthcoming)                                                                             
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-24                     Senate Journal                      Page 2923
Signing do pass: Senator Kelly, Cochair, Senators Green, Austerman,                                 
Wilken, Leman, Ward. Signing no recommendation: Senator                                             
Hoffman.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Office of the Governor                                                    
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SJR 44                                                                                            
The Finance Committee considered SENATE JOINT RESOLUTION                                            
NO. 44 Relating to preparation of a joint state-federal research and                                
development plan, and recommended the adoption of the Labor and                                     
Commerce Committee Substitute offered on page 2807. Signing do                                      
pass: Senator Kelly, Cochair, Senators Green, Austerman, Hoffman,                                   
Wilken, Leman, Ward. Signing no recommendation: Senator Donley,                                     
Cochair.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Senate Labor and Commerce Committee                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 219                                                                                            
The Rules Committee considered SENATE BILL NO. 219 "An Act                                          
establishing and relating to the Joint Federal and State Navigable                                  
Waters Commission for Alaska; and providing for an effective date."                                 
Signing to calendar: Senator Phillips, Chair, Senators Cowdery,                                     
Halford, Therriault.                                                                                
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 278                                                                                            
The Rules Committee considered SENATE BILL NO. 278 "An Act                                          
requiring a good faith effort to purchase property before that property                             
is taken through eminent domain; and providing for an effective date."                              
Signing to calendar: Senator Phillips, Chair, Senators Cowdery, Ellis,                              
Therriault.                                                                                         
                                                                                                    
The bill is on today's calendar.                                                                    

2002-04-24                     Senate Journal                      Page 2924
HB 96                                                                                             
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
96(HES) "An Act relating to acquisition and development of the Jesse                                
Lee Home; and providing for an effective date." Signing to calendar:                                
Senator Phillips, Chair, Senators Ellis, Therriault, Cowdery.                                       
                                                                                                    
The bill is on today's calendar                                                                     
                                                                                                    
HB 263                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
263(RES) "An Act relating to water quality standards applicable to                                  
flow-through hot springs." Signing to calendar: Senator Phillips,                                   
Chair, Senators Cowdery, Therriault. Signing under other                                            
recommendations: Senator Ellis.                                                                     
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SJR 43                                                                                            
The Rules Committee considered SENATE JOINT RESOLUTION                                              
NO. 43 Requesting the United States Congress to grant a two-year                                    
moratorium on requirements for certain state payments under federal                                 
programs. Signing to calendar: Senator Phillips, Chair, Senators                                    
Cowdery, Therriault. Signing under other recommendations: Senator                                   
Ellis.                                                                                              
                                                                                                    
The resolution is on today's calendar.                                                              
                                                                                                    
SCR 30                                                                                            
The Rules Committee considered SENATE CONCURRENT                                                    
RESOLUTION NO. 30 Relating to Alaska Salmon Day. Signing to                                         
calendar: Senator Phillips, Chair, Senators Cowdery, Therriault, Ellis.                             
                                                                                                    
The resolution is on today's calendar.                                                              
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 367                                                                                            
SENATE BILL NO. 367 BY THE SENATE FINANCE                                                           
COMMITTEE, entitled:                                                                                

2002-04-24                     Senate Journal                      Page 2925
          "An Act relating to retirement contributions and                                          
          benefits under the public employees' retirement                                           
          system of certain juvenile detention employees and                                        
          juvenile correctional institution employees."                                             
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 4                                                                                              
Senator Olson requested that the reconsideration on 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" be taken up. The bill                            
was before the Senate on reconsideration.                                                           
                                                                                                    
Senator Olson moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 3.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Olson offered Amendment No. 3:                                                              
                                                                                                    
Page 2, line 12:                                                                                    
     Delete ", or (2) emergency medical services"                                                   
     Insert "and is certified as a fire fighter by the Department of                                
     Public Safety, or (2) emergency medical services and is certified                              
     under AS 18.08.082"                                                                            
                                                                                                    
Page 2, lines 14 - 16:                                                                              
     Delete "A municipality with a level of total bonded indebtedness                               
     that equals or exceeds $15,000 multiplied by the number of                                     
     residents in the municipality may not grant an exemption under                                 
     this subsection."                                                                              
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-24                     Senate Journal                      Page 2926
Senator Olson moved for the adoption of Amendment No. 3. Without                                    
objection, Amendment No. 3 was adopted.                                                             
                                                                                                    
CS FOR SENATE BILL NO. 4(RLS) am was automatically in third                                         
reading on reconsideration.                                                                         
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
4(RLS) am "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) am                                                                                      
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
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                                                         
                                                                                                    
Hoffman changed from "Nay" to "Yea".                                                                
Lincoln changed from "Nay" to "Yea".                                                                
Ellis changed from "Nay" to "Yea".                                                                  
Donley changed from "Nay" to "Yea".                                                                 
Elton changed from "Nay" to "Yea".                                                                  
                                                                                                    
and so, CS FOR SENATE BILL NO. 4(RLS) am passed the Senate on                                       
reconsideration.                                                                                    
                                                                                                    
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 and the bill was referred                              
to the Secretary for engrossment.                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-24                     Senate Journal                      Page 2927
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 219                                                                                            
SENATE BILL NO. 219 "An Act establishing and relating to the Joint                                  
Federal and State Navigable Waters Commission for Alaska; 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 2748.                                  
Without objection, CS FOR SENATE BILL NO. 219(FIN) "An Act                                          
establishing and relating to the Navigable Waters Commission for                                    
Alaska" 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 219(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. 219(FIN) will be on the April 25                                             
calendar.                                                                                           
                                                                                                    
SB 278                                                                                            
SENATE BILL NO. 278 "An Act requiring a good faith effort to                                        
purchase property before that property is taken through eminent                                     
domain; and providing for an effective date" was read the second time.                              
                                                                                                    

2002-04-24                     Senate Journal                      Page 2928
Senator Kelly, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 2831.                                  
Without objection, CS FOR SENATE BILL NO. 278(FIN) was                                              
adopted and read the second time.                                                                   
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 278(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 278(FIN)                                          
"An Act requiring a good faith effort to purchase property before that                              
property is taken through eminent domain; and providing for an                                      
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSSB 278(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens,                                  
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, CS FOR SENATE BILL NO. 278(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 and the bill was referred                              
to the Secretary for engrossment.                                                                   
                                                                                                    
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 96                                                                                             
CS FOR HOUSE BILL NO. 96(HES) "An Act relating to acquisition                                       
and development of the Jesse Lee Home; and providing for an                                         
effective date" was read the second time.                                                           

2002-04-24                     Senate Journal                      Page 2929
Senator Kelly, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
2283. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 96(FIN) was adopted and read the second time.                                                   
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 96(FIN) was read the                                            
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 96(FIN) "An Act relating to acquisition and development of the                                  
Jesse Lee Home; and providing for an effective date" pass the                                       
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SCS CSHB 96(FIN)                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
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, SENATE CS FOR CS FOR HOUSE BILL NO. 96(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 Kelly gave notice of reconsideration.                                                       
                                                                                                    
HB 263                                                                                            
CS FOR HOUSE BILL NO. 263(RES) "An Act relating to water                                            
quality standards applicable to flow-through hot springs" was read the                              
second time.                                                                                        
                                                                                                    

2002-04-24                     Senate Journal                      Page 2930
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.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 263(RES) was read the third time.                                             
                                                                                                    
Senator Olson moved and asked unanimous consent to abstain from                                     
voting because of a conflict of interest. Objections were heard and                                 
Senator Olson was required to vote.                                                                 
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 263(RES) "An                                       
Act relating to water quality standards applicable to flow-through hot                              
springs" pass the Senate?" The roll was taken with the following                                    
result:                                                                                             
                                                                                                    
CSHB 263(RES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Green, Halford,                                           
Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Nays:  Ellis, Elton                                                                                 
                                                                                                    
and so, CS FOR HOUSE BILL NO. 263(RES) passed the Senate.                                           
                                                                                                    
Senator Ellis 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 2906) was before the Senate.                                       
                                                                                                    
Senator Donley moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 2.                                    
Without objection, the bill was returned to second reading.                                         

2002-04-24                     Senate Journal                      Page 2931
Amendment No. 1 was not offered.                                                                    
                                                                                                    
Senator Donley offered Amendment No. 2:                                                             
                                                                                                    
Page 3, line 20, following "kilowatt-hour":                                                     
     Insert ", and may not apply an adjustment determined under                                 
     this paragraph if the adjustment reduces the power cost                                    
     equalization payment to an electric utility by more than 25                                
     percent below the amount paid the previous fiscal year; if, in                             
     making the adjustments authorized by this paragraph,                                       
     application of the adjustments would cause the reduction to                                
     any electric utility to exceed that 25 percent, the commission                             
     shall                                                                                      
           (A) reduce the payment due each electric utility to an                               
          amount that is 25 percent below the amount paid to that                               
          utility the previous fiscal year; and                                                 
           (B) thereafter reduce pro rata the amount paid to each                               
          electric utility to comply with the power cost adjustment                             
          formula set out in this paragraph"                                                    
                                                                                                    
Page 4, line 18, following "KILOWATT-HOUR":                                                         
     Insert ", AND MAY NOT APPLY AN ADJUSTMENT                                                      
     DETERMINED UNDER THIS PARAGRAPH IF THE                                                         
     ADJUSTMENT REDUCES THE POWER COST                                                              
     EQUALIZATION PAYMENT TO AN ELECTRIC UTILITY BY                                                 
     MORE THAN 25 PERCENT BELOW THE AMOUNT PAID                                                     
     THE PREVIOUS YEAR; IF, IN MAKING THE                                                           
     ADJUSTMENTS AUTHORIZED BY THIS PARAGRAPH,                                                      
     APPLICATION OF THE ADJUSTMENTS WOULD CAUSE                                                     
     THE REDUCTION TO ANY ELECTRIC UTILITY TO                                                       
                 EXCEED THAT 25 PERCENT, THE COMMISSION SHALL                                      
           (A) REDUCE THE PAYMENT DUE EACH ELECTRIC                                                 
          UTILITY TO AN AMOUNT THAT IS 25 PERCENT                                                   
          BELOW THE AMOUNT PAID TO THAT UTILITY THE                                                 
          PREVIOUS FISCAL YEAR; AND                                                                 
           (B) THEREAFTER REDUCE PRO RATA THE                                                       
          AMOUNT PAID TO EACH ELECTRIC UTILITY TO                                                   
          COMPLY WITH THE POWER COST ADJUSTMENT                                                     
          FORMULA SET OUT IN THIS PARAGRAPH"                                                        
                                                                                                    

2002-04-24                     Senate Journal                      Page 2932
Senator Donley moved for the adoption of Amendment No. 2. Without                                   
objection, Amendment No. 2 was adopted.                                                             
                                                                                                    
CS FOR SENATE BILL NO. 185(FIN) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 185(FIN) am                                       
"An Act relating to the basis for determining eligibility for and the                               
amount of power cost equalization payments; and providing for an                                    
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSSB 185(FIN) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
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, CS FOR SENATE BILL NO. 185(FIN) am 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 referred                             
to the Secretary for engrossment.                                                                   
                                                                                                    
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SJR 43                                                                                            
SENATE JOINT RESOLUTION NO. 43 Requesting the United States                                         
Congress to grant a two-year moratorium on requirements for certain                                 
state payments under federal programs, was read the second time.                                    
                                                                                                    
Senator Kelly, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 2836.                                  
Senator Ellis objected.                                                                             
                                                                                                    

2002-04-24                     Senate Journal                      Page 2933
Senator Kelly moved and asked unanimous consent to withdraw his                                     
motion. Without objection, it was so ordered.                                                       
                                                                                                    
Senator Therriault, Chair, moved and asked unanimous consent for the                                
adoption of the State Affairs Committee Substitute offered on page                                  
2657. Without objection, CS FOR SENATE JOINT RESOLUTION                                             
NO. 43(STA) was adopted.                                                                            
                                                                                                    
Senator Donley offered Title Amendment No. 1:                                                       
                                                                                                    
Page 1, lines 1- 2:                                                                                 
     Delete all material.                                                                           
     Insert "Requesting the United States Congress to grant a two-                                
     year moratorium on state maintenance of effort requirements                                  
     for federally funded programs."                                                              
                                                                                                    
Senator Donley moved for the adoption of Title Amendment No. 1.                                     
Without objection, Title Amendment No. 1 was adopted.                                               
                                                                                                    
CS FOR SENATE JOINT RESOLUTION NO. 43(STA)(title am)                                                
Requesting the United States Congress to grant a two-year moratorium                                
on state maintenance of effort requirements for federally funded                                    
programs, was read the second time.                                                                 
                                                                                                    
Senator Leman moved and asked unanimous consent that the                                            
resolution be considered engrossed, advanced to third reading and                                   
placed on final passage. Senator Ellis objected.                                                    
                                                                                                    
The question being: "Shall the resolution be advanced to third                                      
reading?" The roll was taken with the following result:                                             
                                                                                                    
CSSJR 43(STA)(title am)                                                                             
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 resolution failed to advance to third reading.                                          

2002-04-24                     Senate Journal                      Page 2934
CS FOR SENATE JOINT RESOLUTION NO. 43(STA)(title am) will                                           
be on the April 25 calendar.                                                                        
                                                                                                    
SCR 30                                                                                            
SENATE CONCURRENT RESOLUTION NO. 30 Relating to Alaska                                              
Salmon Day, was read the second time.                                                               
                                                                                                    
Senator Torgerson, Chair, moved and asked unanimous consent for the                                 
adoption of the Resources Committee Substitute offered on page 2837.                                
Without objection, CS FOR SENATE CONCURRENT                                                         
RESOLUTION NO. 30(RES) was adopted, read the second time and                                        
was before the Senate on final passage.                                                             
                                                                                                    
The question being: "Shall CS FOR SENATE CONCURRENT                                                 
RESOLUTION NO. 30(RES) Relating to Alaska Salmon Day, pass                                          
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
CSSCR 30(RES)                                                                                       
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 SENATE CONCURRENT RESOLUTION NO. 30                                                  
passed the Senate and was referred to the Secretary for engrossment.                                
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Chief David Salmon                                                                       
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Ward, Davis, Elton, Austerman, Wilken, Halford,                                 
Leman, Taylor, Kelly, Cowdery                                                                       
                                                                                                    
In Memoriam - Joan Lingo Moore                                                                      
Representative(s) Berkowitz                                                                         
Senator(s) Leman, Halford, Wilken, Green, Kelly, Austerman, Taylor,                                 
Elton, Davis, Lincoln, Cowdery                                                                      
                                                                                                    

2002-04-24                     Senate Journal                      Page 2935
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                                                 
                                                                                                    
HB 307                                                                                            
Senators Wilken, Kelly, Taylor, Cowdery moved and asked                                             
unanimous consent to be shown as cross sponsors on 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." Without objection, it was so ordered.                                                      
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 4                                                                                              
CS FOR SENATE BILL NO. 4(RLS) am "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"                              
was engrossed, signed by the President and Secretary and transmitted                                
to the House for consideration.                                                                     
                                                                                                    
SB 185                                                                                            
CS FOR SENATE BILL NO. 185(FIN) am "An Act relating to the                                          
basis for determining eligibility for and the amount of power cost                                  
equalization payments; and providing for an effective date" was                                     
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        

2002-04-24                     Senate Journal                      Page 2936
SB 278                                                                                            
CS FOR SENATE BILL NO. 278(FIN) "An Act requiring a good                                            
faith effort to purchase property before that property is taken through                             
eminent domain; and providing for an effective date" was engrossed,                                 
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
SCR 30                                                                                            
CS FOR SENATE CONCURRENT RESOLUTION NO. 30(RES)                                                     
Relating to Alaska Salmon Day, was engrossed, signed by the                                         
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., April 25, 2002. Without                                      
objection, the Senate adjourned at 12:46 p.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2002                       

2002-04-24                     Senate Journal                      Page 2937
                                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 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                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-24                     Senate Journal                      Page 2938
                             FINANCE (continued)                                                 
                                                                                                    
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 --                                                     
                   ----------------------------------------                                        
                                                                                                    
                     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                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-24                     Senate Journal                      Page 2939
                            JUDICIARY (continued)                                                
                                                                                                    
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 25        Thursday                              Beltz 211         1:30 PM                     
+ HB 319 RECREATIONAL ACTIVITY LIABILITY                                                            
              <Removed from Agenda- Referred to JUD>                                                
+ HB 182 MOTOR VEHICLE SALES AND DEALERS                                                            
+ 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                                                      
+= HB 455 MUNICIPAL TAXATION OF AGRICULTURAL LAND                                                   
+= HB 462 CONFIDENTIALITY OF FISHING RECORDS                                                        
+= HJR 46 BC MORATORIUM ON FISH FARMING                                                             
                                                                                                    
Apr 26        Friday                          Butrovich 205           3:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-24                     Senate Journal                      Page 2940
                                    RULES                                                        
                                                                                                    
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 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 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                                                      
                                                                                                    
Apr 30        Tuesday                         Butrovich 205           1:30 PM                     
= SB 271 MARINE AND RAIL TRANSPORTATION AUTHORITY                                                   
= SJR 32 CONST. AM:MARINE/RAIL TRANSPORTATION FUND                                                  
     HB 474 ANCHORAGE COASTAL WILDLIFE REFUGE                                                       
= HB 397 NO DRIVERS' LIC. FOR OFF HWY VEHICLES                                                      
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 02        Thursday                        Butrovich 205           1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-24                     Senate Journal                      Page 2941
                               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