Legislature(2001 - 2002)

2002-05-07 Senate Journal

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2002-05-07                     Senate Journal                      Page 3195
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Tuesday                        May 7, 2002                     
                                                                                                    
                          One Hundred Fourteenth Day                                             
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:40 a.m.                                                                               
                                                                                                    
The roll showed nineteen members present. Senator Lincoln was                                       
absent.                                                                                             
                                                                                                    
Senator Leman moved and asked unanimous consent that Senator                                        
Lincoln be excused from a call of the Senate due to illness. Without                                
objection, Senator Lincoln was excused.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Major Larry Fankhauser of                                   
The Salvation Army. Senator Hoffman moved and asked unanimous                                       
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
          Dear God, thank You for this day, a day that provides                                     
          an opportunity for each of these Senators to serve this                                   
          great state of Alaska. As one nation under God, I                                         
          would pray that You would deliver us from the                                             
          tyranny of trifles. Teach us how to listen to the                                         
          prompting of Your spirit, and in so doing save us                                         
          from floundering in indecision that wastes time,                                          
          subtracts from our peace, divides our efficiency and                                      
          multiplies our troubles.                                                                  
                                                                                                    
          For Your goodness and faithfulness in hearing and                                         
          answering our prayer and supplications, we thank                                          
                          You Lord.           Amen.                                                
                                                                                                    
Senator Austerman led the Senate in the Pledge of Allegiance.                                       
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-07                     Senate Journal                      Page 3196
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the one hundred thirteenth legislative day be approved as certified                             
by the Secretary. Without objection, it was so ordered.                                             
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SCR 30                                                                                            
Message dated May 6 was read, stating the House passed and returned:                                
                                                                                                    
                     CS FOR SENATE CONCURRENT RESOLUTION                                           
          NO. 30(RES) Relating to Alaska Salmon Day.                                                
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SCR 34                                                                                            
Message dated May 6 was read, stating the House passed and returned:                                
                                                                                                    
       SENATE CONCURRENT RESOLUTION NO. 34                                                          
       Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform                                        
       Rules of the Alaska State Legislature, concerning House                                      
       Bill No. 439, relating to 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.                                                 
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SB 308                                                                                            
Message dated May 6 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE BILL NO. 308(FIN) "An Act                                                   
          relating to the Alaska coastal management program                                         
          and the responsibilities of the Alaska Coastal Policy                                     
          Council; and providing for an effective date."                                            

2002-05-07                     Senate Journal                      Page 3197
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 106                                                                                            
Message dated May 6 was read, stating the House concurred in the                                    
Senate amendment to CS FOR HOUSE BILL NO. 106(L&C) am, thus                                         
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          106(FIN) "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."                                                         
                                                                                                    
HB 157                                                                                            
Message dated May 6 was read, stating the House concurred in the                                    
Senate amendment to CS FOR HOUSE BILL NO. 157(JUD) am, thus                                         
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          157(JUD) "An Act relating to trust companies and                                          
          providers of fiduciary services; amending Rules 6                                         
          and 12, Alaska Rules of Civil Procedure, Rule 40,                                         
          Alaska Rules of Criminal Procedure, Rules 204, 403,                                       
          502, 602, and 611, Alaska Rules of Appellate                                              
          Procedure, and Rules 7.2 and 7.3, Alaska Rules of                                         
          Professional Conduct; and providing for an effective                                      
          date."                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-07                     Senate Journal                      Page 3198
HB 439                                                                                            
Message dated May 6 was read, stating the House concurred in the                                    
Senate amendment to 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" thus adopting:                                                     
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          439(FIN) "An Act relating to compliance with and                                          
          implementation of district coastal management                                             
          programs; removing the 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 providing for an effective date."                                      
          (Title change authorized by SCR 34)                                                       
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 363                                                                                            
The Finance Committee considered SENATE BILL NO. 363 "An Act                                        
relating to electioneering communications and communications                                        
intended to influence the outcome of an election and to campaign                                    
misconduct in the second degree; and providing for an effective date"                               
and recommended the adoption of the State Affairs Committee                                         
Substitute offered on page 3175. Signing do pass: Senators Kelly,                                   
Donley, Cochairs, Senators Green, Wilken, Leman. Signing no                                         
recommendation: Senator Austerman.                                                                  
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, Department of Administration                                                    
                                                                                                    
                                                                                                    

2002-05-07                     Senate Journal                      Page 3199
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Office of the Governor                                                    
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 4                                                                                              
Forthcoming fiscal information (page 3176) for the Finance Senate                                   
Committee Substitute for CS FOR HOUSE BILL NO. 4(FIN) am "An                                        
Act relating to motor vehicles and to operating a motor vehicle,                                    
aircraft, or watercraft; and providing for an effective date" was                                   
published today:                                                                                    
 Fiscal Note No. 25, Department of Administration                                                   
 Fiscal Note No. 26, Department of Administration                                                   
 Fiscal Note No. 27, Department of Corrections                                                      
 Fiscal Note No. 28, Department of Public Safety                                                    
 Fiscal Note No. 29, zero, Alaska Court System                                                      
 Fiscal Note No. 30, zero, Department of Health and Social                                          
  Services                                                                                          
                                                                                                    
HB 162                                                                                            
The Finance Committee considered HOUSE BILL NO. 162 "An Act                                         
relating to absences from the state under the longevity bonus program"                              
and recommended the adoption of the State Affairs Senate Committee                                  
Substitute offered on page 2903. Signing do pass: Senator Donley,                                   
Cochair, Senators Green, Wilken, Leman. Signing no                                                  
recommendation: Senator Kelly, Cochair, Senator Austerman.                                          
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, Department of Administration                                                    
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 209                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
209(HES) "An Act directing the Department of Health and Social                                      
Services to establish a foster care transition program; relating to that                            
program; and providing for an effective date" and recommended the                                   
adoption of the Health, Education and Social Services Senate                                        
Committee Substitute offered on page 2945. Signing do pass: Senator                                 
Kelly, Cochair, Senators Green, Austerman, Wilken, Leman.                                           

2002-05-07                     Senate Journal                      Page 3200
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 330                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
330(FIN) am "An Act relating to providing alcoholic beverages to a                                  
person under 21 years of age" and recommended it be replaced with                                   
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          330(JUD)                                                                                  
                                                                                                    
Signing do pass: Senator Taylor, Chair, Senators Ellis, Donley.                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, indeterminate, Department of Administration                                     
 Fiscal Note No. 3, indeterminate, Department of Corrections                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 382                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
382(FIN) "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" and recommended it be replaced                                 
with                                                                                                
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          382(RES)                                                                                  
                                                                                                    
Signing do pass: Senator Torgerson, Chair, Senators Halford, Taylor,                                
Stevens, Elton. Signing no recommendation: Senator Wilken.                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Public Safety                                               
 Fiscal Note No. 2, Department of Environmental Conservation                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     

2002-05-07                     Senate Journal                      Page 3201
HB 474                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
474(CRA) am "An Act relating to public rights-of-way and easements                                  
for surface transportation affecting the Anchorage Coastal Wildlife                                 
Refuge" and recommended it be replaced with                                                         
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          474(RES)                                                                                  
                                                                                                    
Signing do pass: Senator Torgerson, Chair, Senators Taylor, Halford,                                
Stevens, Wilken. Signing do not pass: Senator Elton.                                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House Community and Regional Affairs                                      
  Committee                                                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 375                                                                                            
The Rules Committee considered HOUSE BILL NO. 375 am "An Act                                        
making corrective amendments to the Alaska Statutes as                                              
recommended by the revisor of statutes; and providing for an effective                              
date." Signing to calendar: Senator Phillips, Chair, Senators Cowdery,                              
Therriault.                                                                                         
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 381                                                                                            
The Rules Committee considered HOUSE BILL NO. 381 "An Act                                           
relating to the crime of failure to stop at the direction of a peace                                
officer; and providing for an effective date." Signing to calendar:                                 
Senator Phillips, Chair, Senators Cowdery, Therriault, Ellis.                                       
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 480                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
480(STA) "An Act providing that the death of an employee killed                                     
because of the employee's job status shall be considered an                                         
occupational death for purposes of survivor's pension benefits in the                               

2002-05-07                     Senate Journal                      Page 3202
teachers' retirement system and the public employees' retirement                                    
system." Signing under other recommendations: Senator Phillips,                                     
Chair, Senator Therriault. Signing to calendar: Senators Cowdery,                                   
Ellis.                                                                                              
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Phillips moved and asked unanimous consent that the Senate                                  
stand in recess to a call of the Chair. Without objection, the Senate                               
recessed at 11:47 a.m.                                                                              
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 12:17 p.m.                                                                 
                                                                                                    
                                                                                                    
                    Standing Committee Reports (continued)                                       
                                                                                                    
SB 363                                                                                            
The Rules Committee considered SENATE BILL NO. 363 "An Act                                          
relating to electioneering communications and communications                                        
intended to influence the outcome of an election and to campaign                                    
misconduct in the second degree; and providing for an effective date."                              
Signing to calendar: Senator Phillips, Chair, Senators Cowdery,                                     
Halford.                                                                                            
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 363                                                                                            
SENATE BILL NO. 363 "An Act relating to electioneering                                              
communications and communications intended to influence the                                         
outcome of an election and to campaign misconduct in the second                                     
degree; and providing for an effective date" was read the second time.                              
                                                                                                    

2002-05-07                     Senate Journal                      Page 3203
Senator Therriault, Chair, moved and asked unanimous consent for the                                
adoption of the State Affairs Committee Substitute offered on page                                  
3175. Without objection, CS FOR SENATE BILL NO. 363(STA) "An                                        
Act relating to communications and elections, to reporting of                                       
contributions and expenditures, and to campaign misconduct in the                                   
second degree; relating to disclosure by individuals of contributions to                            
candidates; and providing for an effective date" was adopted and read                               
the second time.                                                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Senator Ellis objected.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 363(STA)                                                                                       
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  14   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Olson                                                          
                                                                                                    
Excused:  Lincoln                                                                                   
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
CS FOR SENATE BILL NO. 363(STA) will be on the May 8                                                
calendar.                                                                                           
                                                                                                    
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 375                                                                                            
HOUSE BILL NO. 375 am "An Act making corrective amendments to                                       
the Alaska Statutes as recommended by the revisor of statutes; and                                  
providing for an effective date" was read the second time.                                          
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-07                     Senate Journal                      Page 3204
Senator Taylor, Chair, moved and asked unanimous consent for the                                    
adoption of the Judiciary Senate Committee Substitute offered on page                               
2947. Without objection, SENATE CS FOR HOUSE BILL NO.                                               
375(JUD) 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 HOUSE BILL NO. 375(JUD) was read the third                                            
time.                                                                                               
                                                                                                    
The question being: "Shall SENATE CS FOR HOUSE BILL NO.                                             
375(JUD) "An Act making corrective amendments to the Alaska                                         
Statutes as recommended by the revisor of statutes; and providing for                               
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SCS HB 375(JUD)                                                                                     
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Hoffman,                                    
Leman, Olson, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                  
                                                                                                    
Nays:  Green, Halford, Kelly, Phillips                                                              
                                                                                                    
Excused:  Lincoln                                                                                   
                                                                                                    
and so, SENATE CS FOR HOUSE BILL NO. 375(JUD) 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.                                                                   
                                                                                                    
HB 381                                                                                            
HOUSE BILL NO. 381 "An Act relating to the crime of failure to stop                                 
at the direction of a peace officer; and providing for an effective date"                           
was read the second time.                                                                           

2002-05-07                     Senate Journal                      Page 3205
Senator Leman moved and asked unanimous consent that the bill be                                    
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:                                                           
                                                                                                    
HB 381                                                                                              
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  14   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Olson                                                          
                                                                                                    
Excused:  Lincoln                                                                                   
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
HOUSE BILL NO. 381 will be on the May 8 calendar.                                                   
                                                                                                    
HB 480                                                                                            
CS FOR HOUSE BILL NO. 480(STA) "An Act providing that the                                           
death of an employee killed because of the employee's job status shall                              
be considered an occupational death for purposes of survivor's pension                              
benefits in the teachers' retirement system and the public employees'                               
retirement system" was read the second time.                                                        
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
advanced to third reading and placed on final passage. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 480(STA) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 480(STA)                                           
"An Act providing that the death of an employee killed because of the                               
employee's job status shall be considered an occupational death for                                 
purposes of survivor's pension benefits in the teachers' retirement                                 
system and the public employees' retirement system" pass the Senate?"                               
The roll was taken with the following result:                                                       
                                                                                                    

2002-05-07                     Senate Journal                      Page 3206
CSHB 480(STA)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Lincoln                                                                                   
                                                                                                    
and so, CS FOR HOUSE BILL NO. 480(STA) passed the Senate, was                                       
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 226                                                                                            
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                       
226(FIN) "An Act relating to design of highway projects; and                                        
providing for an effective date" was read the third time.                                           
                                                                                                    
Senator Leman moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 1.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senators Leman, Donley offered Amendment No. 1:                                                     
                                                                                                    
Page 1, lines 10 and 12:                                                                            
 Delete "$1,000,000"                                                                                
 Insert  "$5,000,000"                                                                               
                                                                                                    
Page 1, lines 12 and 15:                                                                            
 Delete "$5,000,000"                                                                                
 Insert  "$10,000,000"                                                                              
                                                                                                    
Senator Leman moved for the adoption of Amendment No. 1. Senator                                    
Taylor objected.                                                                                    
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    

2002-05-07                     Senate Journal                      Page 3207
CSSSSB 226(FIN)                                                                                     
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  16   NAYS:  2   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Olson, Phillips, Stevens, Therriault,                               
Wilken                                                                                              
                                                                                                    
Nays:  Taylor, Ward                                                                                 
                                                                                                    
Excused:  Lincoln                                                                                   
                                                                                                    
Absent:  Torgerson                                                                                  
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
The bill was automatically in third reading.                                                        
                                                                                                    
The question being: "Shall CS FOR SPONSOR SUBSTITUTE FOR                                            
SENATE BILL NO. 226(FIN) am "An Act relating to design of                                           
highway projects; and providing for an effective date" pass the                                     
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSSSB 226(FIN) am                                                                                  
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  6   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Green, Kelly, Leman,                                      
Phillips, Stevens, Taylor, Ward, Wilken                                                             
                                                                                                    
Nays:  Ellis, Elton, Halford, Hoffman, Olson, Therriault                                            
                                                                                                    
Excused:  Lincoln                                                                                   
                                                                                                    
Absent:  Torgerson                                                                                  
                                                                                                    
and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                               
226(FIN) am passed the Senate.                                                                      
                                                                                                    
Senator Leman moved the effective date clause.                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-07                     Senate Journal                      Page 3208
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CSSSSB 226(FIN) am                                                                                  
Effective Date Clause                                                                               
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Ward, Wilken                                                                            
                                                                                                    
Excused:  Lincoln                                                                                   
                                                                                                    
Absent:  Torgerson                                                                                  
                                                                                                    
and so, the effective date clause was adopted.                                                      
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
SB 364                                                                                            
SENATE BILL NO. 364 was read the third time.                                                        
                                                                                                    
Senator Kelly called the Senate. The call was satisfied.                                            
                                                                                                    
The question being: "Shall SENATE BILL NO. 364 "An Act relating                                     
to medical services under the state Medicaid program" pass the                                      
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SB 364                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Green, Halford, Kelly, Leman, Olson, Phillips,                                      
Stevens, Taylor, Therriault, Torgerson, Ward                                                        
                                                                                                    
Nays:  Austerman, Davis, Donley, Ellis, Elton, Hoffman, Wilken                                      
                                                                                                    
Excused:  Lincoln                                                                                   
                                                                                                    
and so, SENATE BILL NO. 364 passed the Senate.                                                      
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    

2002-05-07                     Senate Journal                      Page 3209
                                  Citations                                                      
                                                                                                    
Honoring - Brian J. Borkowski, Federal Employee of the Year                                         
Senator(s) Taylor, Ward, Hoffman, Therriault, Halford, Leman,                                       
Cowdery, Elton, Davis, Lincoln, Austerman, Green, Kelly, Wilken,                                    
Stevens                                                                                             
                                                                                                    
Honoring - Joe Malatesta, Sr.                                                                       
Senator(s) Ward, Hoffman, Therriault, Leman, Cowdery, Elton, Davis,                                 
Lincoln, Austerman, Taylor, Green, Kelly, Wilken, Stevens                                           
Representative(s) Chenault                                                                          
                                                                                                    
Honoring - William A. Oefelein, Alaska's First Astronaut                                            
Senator(s) Leman, Donley, Hoffman, Therriault, Halford, Cowdery,                                    
Elton, Davis, Lincoln, Austerman, Taylor, Green, Kelly, Wilken,                                     
Phillips, Stevens                                                                                   
                                                                                                    
Honoring - University of Alaska Anchorage Speech and Debate                                         
Team, 2002 Parliamentary Debate National Champions                                                  
Senator(s) Leman, Ellis, Donley, Phillips, Hoffman, Therriault,                                     
Halford, Cowdery, Elton, Davis, Lincoln, Austerman, Taylor, Green,                                  
Kelly, Wilken, Stevens                                                                              
Representative(s) Crawford                                                                          
                                                                                                    
Honoring - Don and Jan Stump                                                                        
Senator(s) Leman, Donley, Hoffman, Therriault, Halford, Cowdery,                                    
Elton, Davis, Lincoln, Austerman, Taylor, Green, Kelly, Wilken,                                     
Stevens, Olson                                                                                      
                                                                                                    
Honoring - Connie Bensler                                                                           
Representative(s) Bunde                                                                             
Senator(s) Cowdery, Ward, Donley, Hoffman, Therriault, Halford,                                     
Leman, Elton, Davis, Lincoln, Austerman, Taylor, Green, Kelly,                                      
Wilken, Stevens                                                                                     
                                                                                                    
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.                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-07                     Senate Journal                      Page 3210
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
HB 375                                                                                            
SENATE CS FOR HOUSE BILL NO. 375(JUD) "An Act making                                                
corrective amendments to the Alaska Statutes as recommended by the                                  
revisor of statutes; and providing for an effective date" was engrossed,                            
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., May 8, 2002. Without                                         
objection, the Senate adjourned at 1:35 p.m.                                                        
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2002                        

2002-05-07                     Senate Journal                      Page 3211
                                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                                                         
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 07        Tuesday                   Senate Finance 532            9:30 AM                     
              -- Time Change --                                                                     
     SB 363 ELECTIONEERING COMMUNICATIONS                                                           
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
May 08        Wednesday                 Senate Finance 532            9:00 AM                     
+= HB  58 UNEMPLOYMENT COMPENSATION BENEFITS                                                        
              <Listen Only Teleconference for HB 58>                                                
     HB  56 MINIMUM WAGE                                                                            
     HB 521 MUNICIPAL IMPROVEMENT AREAS                                                             
     HB 443 TATTOOING AND BODY PIERCING                                                             
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 08        Wednesday                       Butrovich 205           1:30 PM                     
              Confirmation Hearings                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-07                     Senate Journal                      Page 3212
                                  JUDICIARY                                                      
                                                                                                    
May 08        Wednesday                             Beltz 211         1:30 PM                     
+ HB 348 VIOLATION OF A DOMESTIC VIOLENCE ORDER                                                     
+ HB 350 TERRORISTIC  THREATS                                                                       
+ HB 180 YOUTH SERVICES: REGULATION & TASK FORCE                                                    
+ HB 501 UNCLAIMED PROPERTY & RESTITUTION                                                           
+ SB 235 EMERGENCY MANAGEMENT ASSISTANCE COMPACT                                                    
+ SB 271 MARINE AND RAIL TRANSPORTATION AUTHORITY                                                   
+ SJR 32 CONST. AM:MARINE/RAIL TRANSPORTATION FUND                                                  
     SB  87 SPECIAL ABSENTEE BALLOTS                                                                
+             Bills Previously Heard/Scheduled                                                      
+ HB 304 PERM. FUND INCOME/ DIVIDENDS/ FUNDS                                                        
                                                                                                    
May 10        Friday                                Beltz 211         1:30 PM                     
+ HB 317 STALKING & PROTECTIVE ORDERS                                                               
+ HB  27 HOME INSPECTORS/CONTRACTORS                                                                
+ HB 182 MOTOR VEHICLE SALES AND DEALERS                                                            
+ HB 393 SALES OF BUSINESS OPPORTUNITIES                                                            
+ HB 489 CRUELTY TO ANIMALS                                                                         
+ HB 499 SUCCESSOR LIABILITY FOR PRODUCT LIABILITY                                                  
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
May 07        Tuesday                               Beltz 211         1:30 PM                     
+= SB 320 MOTOR VEHICLE INSURANCE & REPAIRS                                                         
+ HB 471 AIDEA LOANS AND DIVIDEND                                                                   
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
May 08        Wednesday                       Butrovich 205           3:30 PM                     
+ SB 366 CHITINA DIP NET FISHERY PERMIT FEE                                                         
+ HB 287 EXEMPT ENTRY PERMITS FROM CREDITOR CLAIMS                                                  
+= HB 447 COM FISH & AGRICULTURE BANK INTEREST RATE                                                 
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-07                     Senate Journal                      Page 3213
                                    RULES                                                        
                                                                                                    
May 07        Tuesday                      Fahrenkamp 203             9:30 AM                     
     SB 369 POWERS OF APPOINTMENTS/TRUSTS/CREDITORS                                                 
     SB 370 CONSTITUTIONAL CONVENTION                                                               
     HB  52 COMPACT FOR ADULT OFFENDER SUPERVISION                                                  
     HB 128 APPROVAL FOR EMPLOYMENT OF MINORS                                                       
     HB 305 NONCOMPLIANCE WITH SELECTIVE SERVICE                                                    
     HB 374 NAMING DOUTHIT VETERANS' MEMORIAL BRIDGE                                                
     HB 397 NO DRIVERS' LIC. FOR OFF HWY VEHICLES                                                   
     HB 458 STATE EMPLOYEE PROBATIONARY PERIOD                                                      
     HB 523 TOM MADSEN AIRPORT AT UNALASKA                                                          
                                                                                                    
May 07        Tuesday                      Fahrenkamp 203           11:45 AM                      
     SB 363 ELECTIONEERING COMMUNICATIONS                                                           
= SB 370 CONSTITUTIONAL CONVENTION                                                                  
                                                                                                    
May 08        Wednesday                    Fahrenkamp 203             9:30 AM                     
     SB 252 EMPLOYMENT AND TRAINING PROGRAM/BOARD                                                   
     SB 355 LET ME HELP ACCOUNT                                                                     
     SB 371 PERMIT EXEMPTION FOR MUNITIONS USE                                                      
     HB   4 MOTOR VEHICLES & DRUNK DRIVING                                                          
     HB  32 SEX CRIME AND PORNOGRAPHY FORFEITURES                                                   
     HB 225 ALCOHOLIC BEVERAGE TAX                                                                  
= HB 262 BUILDING SAFETY ACCOUNT                                                                    
     HB 274  WORKERS' COMP: HEARING/MEDICAL EXAM                                                    
     SCR 37 SUSPEND UNIFORM RULES FOR HB 274                                                        
     HB 286 FISHING PERMITS/ASSOCIATIONS/ASSESSMENTS                                                
     HB 344 INCREASE DRIVER'S LICENSE/PERMIT FEES                                                   
= HB 397 NO DRIVERS' LIC. FOR OFF HWY VEHICLES                                                      
     HB 421 WATER USE ACT PROCEDURES & RECORDS                                                      
     HB 504 WAGES FOR WORKERS IN FISHERIES                                                          
     HB 515 OPERATING BUDGET MISSIONS AND MEASURES                                                  
                                                                                                    
May 09        Thursday                     Fahrenkamp 203             9:30 AM                     
     SB  54 ALASKA VETERANS ADVISORY COUNCIL                                                        
     SB 267 ALASKA VETERANS' MEM.ENDOWMENT FUND                                                     
= HB 389 MUNI TAX EXEMPTION: DETERIORATED PROPERTY                                                  
     HB 420 REPEAL SUNSET FOR TEMP WATER USE PERMITS                                                
                                                                                                    
May 09        Thursday                     Fahrenkamp 203                                         
              <Upon Recess>                                                                         
     SB 235 EMERGENCY MANAGEMENT ASSISTANCE COMPACT                                                 
              <Pending Referral>                                                                    

2002-05-07                     Senate Journal                      Page 3214
                                STATE AFFAIRS                                                    
                                                                                                    
May 07        Tuesday                               Beltz 211         3:30 PM                     
     SB 312 ENTERPRISE ZONES                                                                        
     HB 517 SURPLUS/OBSOLETE STATE PROPERTY                                                         
     HB 526 DISCLOSURE BY ETHICS COMMITTEE MEMBERS                                                  
              Confirmation Hearings:                                                                
              AK Public Offices Commission-                                                         
              John Dapcevich                                                                        
              Sheila Gallagher                                                                      
              AK Air National Guard Brigadier General-                                              
              Colonel Jim Robinson                                                                  
              Colonel Tim Scott                                                                     
              Colonel Gene Ramsay                                                                   
              Space/Missile Defense Brigadier General-                                              
              Colonel Jim Welch                                                                     
              State Commission for Human Rights-                                                    
              Kathy Wisthoff                                                                        
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
May 07        Tuesday                         Butrovich 205           1:30 PM                     
     SB 372 TRANSPORTATION BONDS                                                                    
     HB 528 STATE REIMBURSEMENT CAPITAL PROJECT DEBTS                                               
     HB 175 APPROP: POWER PROJECTS BONDS                                                            
     HB 271 CAP ON AVIATION ACCIDENT PUNITIVE DAMAGES                                               
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 09        Thursday                        Butrovich 205           1:30 PM                     
     HB 507 NAMING WEIGH STATION AND BIKE TRAIL                                                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 11                                            
                                                                                                    
May 07        Tuesday                            Capitol 121          8:30 AM                     
     SB  11 COMPULSORY SCHOOL ATTENDANCE/AK HISTORY                                                 
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-07                     Senate Journal                      Page 3215
                   CONFERENCE COMMITTEES ON HB 403 & HB 404                                      
                                                                                                    
May 07        Tuesday                   Senate Finance 532            4:00 PM                     
= HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB 404 APPROP: MENTAL HEALTH BUDGET                                                               
              Departments to be discussed:                                                          
              Administration, Education and Early                                                   
              Development, Environmental Conservation,                                              
              Health and Social Services                                                            
                   ----------------------------------------                                        
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
May 10        Friday                     House Finance 519           12:00 PM                     
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
May 08        Wednesday                          Capitol 208          8:30 AM                     
              Information Technology Subcommittee