Legislature(2001 - 2002)
2002-05-09 Senate Journal
Full Journal pdf2002-05-09 Senate Journal Page 3251 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday May 9, 2002 One Hundred Sixteenth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:14 a.m. The roll showed twenty members present. 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. Our Heavenly Father, we acknowledge that this is the day the Lord has made, we will rejoice and be glad in it. As one Nation under God, I pray that each Senator gathered here today would be found with keen mind, clear thought and purposeful direction. Living in a state with diverse topography and diverse peoples, we need to look to You for wisdom and insight. As we do so, I know we can find a common ground and rest assured that the welfare and good of all can be realized. Thank You, Lord for all things this day. Amen. Senator Wilken led the Senate in the Pledge of Allegiance. Certification Senator Leman moved and asked unanimous consent that the journal for the one hundred fifteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2002-05-09 Senate Journal Page 3252 Messages from the Governor HB 411 Message dated and received May 8 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 411 "An Act relating to physician assistants; providing that a physician assistant is a health care provider covered by certain laws relating to medical malpractice actions; adding physician assistants to the list of providers against whom unfair discrimination relating to health care insurance is prohibited and to the list of providers who can provide proof of disablement or handicap for the purpose of motor vehicle registration or for the purpose of obtaining a special license plate or a special parking permit; and providing for an effective date." Chapter 18, SLA 2002 Effective Date: See Chapter Messages from the House SB 238 Message dated May 8 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 238(RLS) "An Act exempting from the category of public records certain records and information relating to state safety plans, programs, and procedures, and to systems, facilities, and infrastructure in the state; and providing for an effective date." The bill was referred to the Secretary for enrollment. Message dated May 8 was read, stating the House passed and transmitted for consideration: 2002-05-09 Senate Journal Page 3253 First Reading and Reference of House Resolutions HJR 50 HOUSE JOINT RESOLUTION NO. 50 BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE HOUSE SPECIAL COMMITTEE ON ECONOMIC DEVELOPMENT, TRADE AND TOURISM, Supporting the participation of Taiwan in the annual summit of the World Health Assembly. was read the first time and referred to the State Affairs Committee. Concur Messages SB 6 Message dated May 8 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 6(FIN) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 6(JUD) "An Act relating to required notice of eviction to mobile home park dwellers and tenants before redevelopment of the park." Senator Leman moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 6(JUD) Shall the Senate Concur in the House amendment to CSSB 6(FIN)? 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 2002-05-09 Senate Journal Page 3254 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 6(JUD) "An Act relating to required notice of eviction to mobile home park dwellers and tenants before redevelopment of the park." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Standing Committee Reports SB 87 The Judiciary Committee considered SENATE BILL NO. 87 "An Act providing special absentee ballots for voters in remote areas." Signing do pass: Senator Taylor, Chair, Senator Ellis. Signing no recommendation: Senators Cowdery, Therriault. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Office of the Governor The bill was referred to the Finance Committee. SB 235 The Judiciary Committee considered SENATE BILL NO. 235 "An Act relating to emergency and disaster relief forces as state employees for purposes of workers' compensation benefits; relating to the Emergency Management Assistance Compact and the implementation of the compact; and providing for an effective date" and recommended the adoption of the State Affairs Committee Substitute offered on page 2081. Signing do pass: Senator Taylor, Chair, Senators Therriault, Ellis, Cowdery. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Military and Veterans' Affairs The bill was referred to the Rules Committee. 2002-05-09 Senate Journal Page 3255 SB 268 The Finance Committee considered SENATE BILL NO. 268 "An Act relating to the issuance of state-guaranteed revenue bonds by the Alaska Housing Finance Corporation to finance mortgages for qualifying veterans; and providing for an effective date." Signing do pass: Senators Kelly, Donley, Cochairs, Senators Green, Austerman, Hoffman, Olson, Wilken, Leman. The following previously published fiscal information applies: Fiscal Note No. 1, Office of the Governor Fiscal Note No. 2, zero, Department of Revenue The bill was referred to the Rules Committee SB 271 The Judiciary Committee considered SENATE BILL NO. 271 "An Act establishing the Alaska Marine and Rail Transportation Authority; establishing the marine and rail transportation fund; relating to ferries and ferry terminals; relating to the Alaska Railroad Corporation; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 271(JUD) "An Act establishing the Alaska Marine Highway Authority; establishing the marine highway transportation fund; relating to ferries and ferry terminals; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senator Cowdery. Signing no recommendation: Senator Therriault. Signing do not pass: Senator Ellis. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Community and Economic Development Fiscal Note No. 2, Department of Natural Resources The bill was referred to the Finance Committee. 2002-05-09 Senate Journal Page 3256 SB 362 Forthcoming fiscal information (page 3066) for SENATE BILL NO. 362 "An Act relating to rights-of-way" was published today: Fiscal Note No. 1, zero, Department of Natural Resources SB 366 The Resources Committee considered SENATE BILL NO. 366 "An Act relating to the fee for the Chitina dip net fishing permit; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 366(RES) "An Act relating to the fee for the Chitina dip net fishing permit and to Chitina fishery access; and providing for an effective date." Signing do pass: Senator Torgerson, Chair, Senators Taylor, Stevens, Wilken. The following fiscal information was published today: Fiscal Note No. 1, Department of Fish and Game The bill was referred to the Finance Committee. HB 180 The Judiciary Committee considered CS FOR HOUSE BILL NO. 180(JUD) "An Act relating to persons who provide services related to children; establishing a legislative task force on child services; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senators Cowdery, Ellis. Signing no recommendation: Senator Therriault. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Health and Social Services The bill was referred to the Rules Committee. HB 287 The Resources Committee considered CS FOR HOUSE BILL NO. 287(FIN) "An Act relating to the exemption of commercial fishing entry permits from claims of creditors and execution on an interest in a 2002-05-09 Senate Journal Page 3257 limited entry permit; and providing for an effective date." Signing do pass: Senator Torgerson, Chair, Senators Stevens, Wilken. Signing no recommendation: Senator Taylor. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Fish and Game Fiscal Note No. 3, zero, Department of Community and Economic Development The bill was referred to the Finance Committee. HB 348 The Judiciary Committee considered HOUSE BILL NO. 348 "An Act relating to violations of domestic violence protective orders." Signing do pass: Senator Taylor, Chair, Senator Ellis. Signing no recommendation: Senators Therriault, Cowdery. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Department of Law The bill was referred to the Rules Committee. HB 350 The Judiciary Committee considered CS FOR HOUSE BILL NO. 350(FIN) am "An Act relating to murder, conspiracy, criminal mischief, and terroristic threatening; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 350(JUD) Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Therriault, Cowdery, Ellis. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Alaska Court System Fiscal Note No. 3, indeterminate, Department of Law Fiscal Note No. 4, indeterminate, Department of Administration Fiscal Note No. 5, indeterminate, Department of Corrections 2002-05-09 Senate Journal Page 3258 The bill was referred to the Finance Committee. HB 443 The Finance Committee considered CS FOR HOUSE BILL NO. 443(L&C) "An Act retroactively extending the application and licensing deadlines and amending the effective date of certain provisions relating to regulation of persons who practice tattooing and permanent cosmetic coloring or body piercing; and providing for an effective date." Signing do pass: Senator Donley, Cochair. Signing no recommendation: Senator Kelly, Cochair, Senators Austerman, Hoffman, Olson, Leman. The following previously published fiscal information applies: Fiscal Note No. 2, Department of Environmental Conservation The bill was referred to the Rules Committee. HB 447 The Resources Committee considered HOUSE BILL NO. 447 "An Act relating to the interest rates that may be charged on loans by the Commercial Fishing and Agriculture Bank." Signing no recommendation: Senator Torgerson, Chair, Senators Stevens, Wilken. Signing do pass: Senator Taylor. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the Finance Committee. HB 501 The Judiciary Committee considered HOUSE BILL NO. 501 "An Act relating to the use of unclaimed property to pay court-ordered restitution; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senators Therriault, Ellis, Cowdery. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law Fiscal Note No. 2, zero, Department of Revenue 2002-05-09 Senate Journal Page 3259 The bill was referred to the Rules Committee. SJR 32 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 32 Proposing amendments to the Constitution of the State of Alaska relating to a marine and rail transportation fund, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 32(JUD) Proposing amendments to the Constitution of the State of Alaska relating to a marine highway transportation fund. Signing do pass: Senator Taylor, Chair, Senator Cowdery. Signing no recommendation: Senator Therriault. Signing do not pass: Senator Ellis. The following previously published fiscal information applies: Fiscal Note No. 1, Office of the Governor The resolution was referred to the Finance Committee. SB 359 The Rules Committee considered SENATE BILL NO. 359 "An Act relating to organization grants for mergers, consolidations, or unifications involving third class boroughs" and recommended it be replaced with CS FOR SENATE BILL NO. 359(RLS) "An Act relating to organization grants for mergers, consolidations, or unifications involving third class boroughs; and relating to identification by the Local Boundary Commission of areas that meet the standards for borough incorporation." Signing to calendar: Senator Phillips, Chair, Senator Cowdery. Signing under other recommendations: Senator Therriault. 2002-05-09 Senate Journal Page 3260 The following previously published fiscal information applies: Fiscal Note No. 2, Department of Community and Economic Development The bill is on today's calendar. SB 369 The Rules Committee considered SENATE BILL NO. 369 "An Act relating to trusts, including trust protectors, trustee advisors, and transfers of trust interests, and to creditors' claims against property subject to a power of appointment; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 369(RLS) Signing to calendar: Senator Phillips, Chair, Senators Cowdery, Halford, Ellis. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law The bill is on today's calendar. SB 370 The Rules Committee considered SENATE BILL NO. 370 "An Act establishing procedures relating to constitutional conventions." Signing to calendar: Senator Phillips, Chair, Senators Cowdery, Halford. The bill is on today's calendar. SB 371 The Rules Committee considered SENATE BILL NO. 371 "An Act exempting the use of munitions in certain areas from a waste disposal permit requirement of the Department of Environmental Conservation." Signing under other recommendations: Senator Phillips, Chair, Senator Ellis. Signing to calendar: Senators Cowdery, Therriault. The bill is on today's calendar. 2002-05-09 Senate Journal Page 3261 HB 243 The Rules Committee considered CS FOR HOUSE BILL NO. 243(JUD) "An Act relating to sexual assault or abuse of a minor." Signing to calendar: Senator Phillips, Chair, Senators Cowdery, Ellis. The bill is on today's calendar. HB 281 The Rules Committee considered CS FOR HOUSE BILL NO. 281(JUD) "An Act relating to civil liability for providing alcoholic beverages to a person under 21 years of age; and providing for an effective date." Signing to calendar: Senator Phillips, Chair, Senators Halford, Cowdery, Therriault. The bill is on today's calendar. HB 306 The Rules Committee considered CS FOR HOUSE BILL NO. 306(L&C) "An Act authorizing the Department of Community and Economic Development to issue permits to certain agencies to purchase, possess, and use certain drugs for euthanizing domestic animals." Signing under other recommendations: Senator Phillips, Chair. Signing to calendar: Senators Cowdery, Therriault. The bill is on today's calendar. HB 358 The Rules Committee considered CS FOR HOUSE BILL NO. 358(CRA) "An Act relating to an optional exemption from municipal property taxes for certain land from which timber is harvested and for certain improvements used in or necessary to the harvest of timber; and providing for an effective date." Signing to calendar: Senator Phillips, Chair, Senators Cowdery, Therriault. The bill is on today's calendar. 2002-05-09 Senate Journal Page 3262 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 11:30 a.m. After Recess The Senate reconvened at 2:17 p.m. Standing Committee Reports (continued) SB 235 The Rules Committee considered SENATE BILL NO. 235 "An Act relating to emergency and disaster relief forces as state employees for purposes of workers' compensation benefits; relating to the Emergency Management Assistance Compact and the implementation of the compact; and providing for an effective date." Signing to calendar: Senator Phillips, Chair, Senators Cowdery, Ellis, Halford, Therriault. The bill is on today's calendar. SB 247 The Rules Committee considered SENATE BILL NO. 247 "An Act making capital appropriations and reappropriations, and capitalizing funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." Signing to calendar: Senator Phillips, Chair, Senators Cowdery, Halford. Signing under other recommendations: Senator Ellis. The bill is on today's calendar. Consideration of the Calendar Second Reading of Senate Bills SB 235 SENATE BILL NO. 235 "An Act relating to emergency and disaster relief forces as state employees for purposes of workers' compensation benefits; relating to the Emergency Management Assistance Compact 2002-05-09 Senate Journal Page 3263 and the implementation of the compact; and providing for an effective date" was read the second time. Senator Therriault, Chair, moved and asked unanimous consent for the adoption of the State Affairs Committee Substitute offered on page 2081. Without objection, CS FOR SENATE BILL NO. 235(STA) 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. 235(STA) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 235(STA) "An Act relating to emergency and disaster relief forces as state employees for purposes of workers' compensation benefits; relating to the Emergency Management Assistance Compact and the implementation of the compact; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 235(STA) 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. 235(STA) 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. 2002-05-09 Senate Journal Page 3264 SB 247 SENATE BILL NO. 247 "An Act making capital appropriations and reappropriations, and capitalizing funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; 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 3223. Without objection, CS FOR SENATE BILL NO. 247(FIN) "An Act making and amending appropriations and reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" was adopted and read the second time. Amendment No. 1 was not offered. Senator Olson offered Amendment No. 2 : Page 75, lines 13 and 14: Delete "Center Renovation" Insert "Facilities and Equipment" Senator Olson moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Lincoln offered Amendment No. 3 : Department of Community and Economic Development Grants to Municipalities Page 9, lines 29-32: Delete "Municipality of Anchorage - Girdwood Road Service Area Road and Drainage System Rehabilitation (ED 10-25)" Insert "City of Cordova - Tsunami Warning System" Under General Funds: Delete "70,000" Insert "34,500" Insert "Native Village of Tanacross - Old Tanacross Village Cemetery Dike and Repairs" 2002-05-09 Senate Journal Page 3265 Under General Funds: Insert "17,500" Insert "Rampart Village Cemetery Repairs" Under General Funds: Insert "18,000" Senator Lincoln moved for the adoption of Amendment No. 3. Objections were heard. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 247(FIN) am Second Reading Amendment No. 3 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, Hoffman, Lincoln, Olson Nays: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken and so, Amendment No. 3 failed. Senator Taylor offered Amendment No. 4 : Page 51, lines 8 - 10: Delete "Alaska Marine Highway: Prince William Sound Fast Vehicle Ferry (ED 99)" Under Allocations: Delete "20,100,000" Senator Taylor moved for the adoption of Amendment No. 4. Objections were heard. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 2002-05-09 Senate Journal Page 3266 CSSB 247(FIN) am Second Reading Amendment No. 4 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Donley, Green, Kelly, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Austerman, Davis, Ellis, Elton, Halford, Hoffman, Leman, Lincoln, Olson and so, Amendment No. 4 was adopted. 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 247(FIN) 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 bill failed to advance to third reading. CS FOR SENATE BILL NO. 247(FIN) am will be on the May 10 calendar. SB 359 SENATE BILL NO. 359 "An Act relating to organization grants for mergers, consolidations, or unifications involving third class boroughs" was read the second time. 2002-05-09 Senate Journal Page 3267 Senator Phillips, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 3259. Without objection, CS FOR SENATE BILL NO. 359(RLS) "An Act relating to organization grants for mergers, consolidations, or unifications involving third class boroughs; and relating to identification by the Local Boundary Commission of areas that meet the standards for borough incorporation" 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. 359(RLS) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 359(RLS) "An Act relating to organization grants for mergers, consolidations, or unifications involving third class boroughs; and relating to identification by the Local Boundary Commission of areas that meet the standards for borough incorporation" pass the Senate?" The roll was taken with the following result: CSSB 359(RLS) Third 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 BILL NO. 359(RLS) passed the Senate and was referred to the Secretary for engrossment. SB 369 SENATE BILL NO. 369 "An Act relating to trusts, including trust protectors, trustee advisors, and transfers of trust interests, and to creditors' claims against property subject to a power of appointment; and providing for an effective date" was read the second time. 2002-05-09 Senate Journal Page 3268 Senator Phillips, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 3260. Without objection, CS FOR SENATE BILL NO. 369(RLS) 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 369(RLS) 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. 369(RLS) will be on the May 10 calendar. SB 370 SENATE BILL NO. 370 "An Act establishing procedures relating to constitutional conventions" was read the second time. Senator Therriault, Chair, moved and asked unanimous consent for the adoption of the State Affairs Committee Substitute offered on page 3145. Without objection, CS FOR SENATE BILL NO. 370(STA) 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: 2002-05-09 Senate Journal Page 3269 CSSB 370(STA) 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. 370(STA) will be on the May 10 calendar. SB 371 SENATE BILL NO. 371 "An Act exempting the use of munitions in certain areas from a waste disposal permit requirement of the Department of Environmental Conservation" was read the second time. Senator Torgerson, Chair, moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 3175. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 371(RES) 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 371(RES) Advance from Second to Third Reading? YEAS: 13 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Donley, Green, Halford, Leman, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Elton, Hoffman, Lincoln, Olson Absent: Kelly 2002-05-09 Senate Journal Page 3270 and so, the bill failed to advance to third reading. CS FOR SENATE BILL NO. 371(RES) will be on the May 10 calendar. Second Reading of House Bills HB 243 CS FOR HOUSE BILL NO. 243(JUD) "An Act relating to sexual assault or abuse of a minor" was read the second time. Senator Leman moved and asked unanimous consent to be shown as a cross sponsor on the bill. Without objection, it was so ordered. Senator Leman moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Senator Ellis objected. Senator Ellis called the Senate on the remainder of today's calendar. The call was satisfied. HB 243 The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: CSHB 243(JUD) 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 HOUSE BILL NO. 243(JUD) will be on the May 10 calendar. 2002-05-09 Senate Journal Page 3271 HB 281 CS FOR HOUSE BILL NO. 281(JUD) "An Act relating to civil liability for providing alcoholic beverages to a person under 21 years of age; and providing for an effective date" was read the second time. Senator Leman moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 281(JUD) was read the third time. Senators Donley, Taylor, Davis, Ellis, Lincoln, Elton, Cowdery moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 281(JUD) "An Act relating to civil liability for providing alcoholic beverages to a person under 21 years of age; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 281(JUD) 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 HOUSE BILL NO. 281(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 signed by the President and Secretary and returned to the House. 2002-05-09 Senate Journal Page 3272 HB 306 CS FOR HOUSE BILL NO. 306(L&C) "An Act authorizing the Department of Community and Economic Development to issue permits to certain agencies to purchase, possess, and use certain drugs for euthanizing domestic animals" 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. 306(L&C) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 306(L&C) "An Act authorizing the Department of Community and Economic Development to issue permits to certain agencies to purchase, possess, and use certain drugs for euthanizing domestic animals" pass the Senate?" The roll was taken with the following result: CSHB 306(L&C) Third Reading - Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Stevens, Taylor, Torgerson, Ward, Wilken Nays: Phillips, Therriault and so, CS FOR HOUSE BILL NO. 306(L&C) passed the Senate. Senator Therriault gave notice of reconsideration. HB 358 CS FOR HOUSE BILL NO. 358(CRA) "An Act relating to an optional exemption from municipal property taxes for certain land from which timber is harvested and for certain improvements used in or necessary to the harvest of timber; and providing for an effective date" was read the second time. 2002-05-09 Senate Journal Page 3273 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. 358(CRA) was read the third time. Senator Taylor moved and asked unanimous consent to be shown as a cross sponsor on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 358(CRA) "An Act relating to an optional exemption from municipal property taxes for certain land from which timber is harvested and for certain improvements used in or necessary to the harvest of timber; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 358(CRA) 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 HOUSE BILL NO. 358(CRA) passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. Third Reading of Senate Bills SB 205 CS FOR SENATE BILL NO. 205(RES) was read the third time. 2002-05-09 Senate Journal Page 3274 The question being: "Shall CS FOR SENATE BILL NO. 205(RES) "An Act relating to control of nuisance wild animals; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 205(RES) Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Phillips and so, CS FOR SENATE BILL NO. 205(RES) 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. Senator Ellis gave notice of reconsideration. Third Reading of House Bills HB 196 CS FOR HOUSE BILL NO. 196(JUD) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 196(JUD) "An Act establishing a right of action for a legal separation; requiring a report about legal separations; and amending Rule 42(a), Alaska Rules of Civil Procedure" pass the Senate?" The roll was taken with the following result: 2002-05-09 Senate Journal Page 3275 CSHB 196(JUD) Third Reading - Final Passage Court Rule YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Stevens, Therriault, Torgerson, Ward, Wilken Nays: Phillips, Taylor and so, CS FOR HOUSE BILL NO. 196(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 Court Rule change. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. HB 262 SENATE CS FOR HOUSE BILL NO. 262(RLS) was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 262(RLS) "An Act relating to the accounting for and appropriations of certain state program receipts; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 262(RLS) Third Reading - Final Passage Effective Date YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Torgerson, Ward, Wilken Nays: Austerman, Cowdery, Davis, Ellis, Taylor, Therriault and so, SENATE CS FOR HOUSE BILL NO. 262(RLS) passed the Senate. 2002-05-09 Senate Journal Page 3276 Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. HB 355 CS FOR HOUSE BILL NO. 355(CRA) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 355(CRA) "An Act relating to the taxation of mobile telecommunications services by municipalities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 355(CRA) Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Therriault, Torgerson, Ward, Wilken Nays: Taylor and so, CS FOR HOUSE BILL NO. 355(CRA) passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. Citations Honoring - Petersburg High School Cheerleaders Representative(s) Wilson Senator(s) Taylor, Halford, Green, Kelly, Austerman, Lincoln, Davis, Elton, Leman, Wilken, Hoffman, Stevens, Cowdery 2002-05-09 Senate Journal Page 3277 Senator Leman moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business SB 230 Senator Green, Chair, moved and asked unanimous consent that the Health, Education and Social Services Committee referral be waived on SENATE BILL NO. 230 "An Act relating to recommending or refusing psychotropic drugs as a treatment for children and to the evaluation and treatment of children with behavioral or psychological problems." Without objection, the bill was referred to the Judiciary Committee. SB 366 Senator Kelly, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on SENATE BILL NO. 366 "An Act relating to the fee for the Chitina dip net fishing permit; and providing for an effective date." Without objection, the bill was referred to the Rules Committee. SB 1 Senators Ellis, Therriault, Elton, Cowdery, Donley, Olson, Stevens, Torgerson moved and asked unanimous consent to be shown as cosponsors on SPONSOR SUBSTITUTE FOR SENATE BILL NO. 1 "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." Without objection, it was so ordered. Reconsideration of House Bills HB 381 Senator Ellis requested that the reconsideration on 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" be taken up. The bill was before the Senate on reconsideration. 2002-05-09 Senate Journal Page 3278 Senator Ellis 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 Ellis, Halford, Leman offered Amendment No. 1 : Page 1, lines 7 - 11: Delete all material. Insert "commission of that offense, (1) the person violates AS 28.35.040; (2) the person is committing vehicle theft in the first or second degree; or (3) as a result of the person's operation or driving, an accident occurs or a person suffers serious physical injury; in this paragraph, "serious physical injury" has the meaning given in AS 11.81.900 [A TRAFFIC LAW OR COMMITS ANOTHER CRIME. IN THIS SUBSECTION, (1) "CRIME" HAS THE MEANING GIVEN IN AS 11.81.900; (2) "TRAFFIC LAW" HAS THE MEANING GIVEN IN AS 28.15.261]." Senator Ellis moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. The bill was automatically in third reading on reconsideration. The question to be reconsidered: "Shall HOUSE BILL NO. 381 am S "An Act relating to the crime of failure to stop at the direction of a peace officer; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 381 am S Third Reading - On Reconsideration Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Phillips 2002-05-09 Senate Journal Page 3279 and so, HOUSE BILL NO. 381 am S 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. HB 362 Senator Leman moved and asked unanimous consent that the time for reconsideration on SENATE CS FOR HOUSE BILL NO. 362(RLS) "An Act extending the termination date of the Board of Governors of the Alaska Bar Association" be held for one legislative day. Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Engrossment SB 235 CS FOR SENATE BILL NO. 235(STA) "An Act relating to emergency and disaster relief forces as state employees for purposes of workers' compensation benefits; relating to the Emergency Management Assistance Compact and the implementation of the compact; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 359 CS FOR SENATE BILL NO. 359(RLS) "An Act relating to organization grants for mergers, consolidations, or unifications involving third class boroughs; and relating to identification by the Local Boundary Commission of areas that meet the standards for borough incorporation" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2002-05-09 Senate Journal Page 3280 HB 381 HOUSE BILL NO. 381 am S "An Act relating to the crime of failure to stop at the direction of a peace officer; 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., July 10, 2002. Without objection, the Senate adjourned at 4:21 p.m. Heidi Vogel Secretary of the Senate July 2002 2002-05-09 Senate Journal Page 3281 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 09 Thursday Senate Finance 532 9:00 AM HB 332 COUNCIL ON DOMESTIC VIOLENCE HB 296 MUNICIPAL MERGER AND CONSOLIDATION HB 239 VOCATIONAL EDUCATION PILOT PROGRAM HB 53 SEISMIC HAZARDS SAFETY COMMISSION Bills Previously Heard/Scheduled -- Teleconference Upon Request -- May 10 Friday Senate Finance 532 9:00 AM SB 55 PIONEERS' AND VETERANS' HOME/ADVISORY BD HB 447 COM FISH & AGRICULTURE BANK INTEREST RATE HB 350 TERRORISTIC THREATS HB 287 EXEMPT ENTRY PERMITS FROM CREDITOR CLAIMS HB 471 AIDEA LOANS AND DIVIDEND Bills Previously Heard/Scheduled -- Teleconference Upon Request -- May 10 Friday Senate Finance 532 4:00 PM SB 372 TRANSPORTATION BONDS Bills Previously Heard/Scheduled -- Teleconference Upon Request -- ---------------------------------------- 2002-05-09 Senate Journal Page 3282 HEALTH, EDUCATION & SOCIAL SERVICES May 09 Thursday Fahrenkamp 203 1:30 PM -- Meeting Canceled -- -- Location Change -- = SB 230 PSYCHOTROPIC DRUGS FOR CHILDREN ---------------------------------------- JUDICIARY 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 + HB 246 OMNIBUS INSURANCE BILL + HB 252 CHILDREN IN NEED OF AID: SERVICES & LIAB. <Pending Referral> + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE May 09 Thursday Beltz 211 1:30 PM -- Meeting Canceled -- += SB 320 MOTOR VEHICLE INSURANCE & REPAIRS Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES May 10 Friday Butrovich 205 3:30 PM + HB 527 MINTO FLATS GAME REFUGE Bills Previously Heard/Scheduled ---------------------------------------- 2002-05-09 Senate Journal Page 3283 RULES May 09 Thursday Fahrenkamp 203 9:30 AM SB 54 ALASKA VETERANS ADVISORY COUNCIL SB 247 REAPPROPRIATIONS & CAPITAL APPROPRIATIONS SB 267 ALASKA VETERANS' MEM.ENDOWMENT FUND = HB 389 MUNI TAX EXEMPTION: DETERIORATED PROPERTY SCR 38 SUSPEND UNIFORM RULES FOR HB 389 HB 420 REPEAL SUNSET FOR TEMP WATER USE PERMITS May 09 Thursday Fahrenkamp 203 11:30 AM SB 235 EMERGENCY MANAGEMENT ASSISTANCE COMPACT May 10 Friday Fahrenkamp 203 9:30 AM = SB 252 EMPLOYMENT AND TRAINING PROGRAM/BOARD HB 56 MINIMUM WAGE HB 162 ABSENCES UNDER LONGEVITY BONUS PROGRAM HB 209 PROGRAM FOR FORMER FOSTER CHILDREN = HB 458 STATE EMPLOYEE PROBATIONARY PERIOD HB 526 DISCLOSURE BY ETHICS COMMITTEE MEMBERS Professional Services Contract Amendment- Patrick Coughlin May 11 Saturday Fahrenkamp 203 10:30 AM SB 268 GUARANTEED REVENUE BONDS FOR VETERANS HB 58 UNEMPLOYMENT COMPENSATION BENEFITS <Pending Referral> HB 180 YOUTH SERVICES: REGULATION & TASK FORCE HB 348 VIOLATION OF A DOMESTIC VIOLENCE ORDER HB 443 TATTOOING AND BODY PIERCING HB 474 ANCHORAGE COASTAL WILDLIFE REFUGE HB 501 UNCLAIMED PROPERTY & RESTITUTION HB 517 SURPLUS/OBSOLETE STATE PROPERTY ---------------------------------------- STATE AFFAIRS May 09 Thursday Beltz 211 4:30 PM -- Time Change -- + HB 303 INDIVIDUAL INCOME TAX Bills Previously Heard/Scheduled ---------------------------------------- 2002-05-09 Senate Journal Page 3284 TRANSPORTATION May 09 Thursday Butrovich 205 1:30 PM -- Meeting Canceled -- HB 507 NAMING WEIGH STATION AND BIKE TRAIL Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES CONFERENCE COMMITTEES ON HB 403 & HB 404 May 09 Thursday Senate Finance 532 7:00 PM -- Time Change -- = HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 404 APPROP: MENTAL HEALTH BUDGET May 10 Friday Senate Finance 532 4:00 PM = HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 404 APPROP: MENTAL HEALTH BUDGET ---------------------------------------- LEGISLATIVE BUDGET & AUDIT May 10 Friday House Finance 519 12:00 PM