Legislature(2001 - 2002)

2002-05-12 Senate Journal

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2002-05-12                     Senate Journal                      Page 3393
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                      Sunday                      May 12, 2002                      
                                                                                                    
                          One Hundred Nineteenth Day                                             
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 7:29 p.m.                                                                                
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Senator Leman. Senator                                      
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
  Honor your father and mother. Then you will live a long, full                                     
  life in the land the Lord your God will give you. (Exodus                                         
  20:12)                                                                                            
                                                                                                    
  When she speaks, her words are wise, and kindness is the rule                                     
  when she gives instructions.                                                                      
                                                                                                    
  She carefully watches all that goes on in her household and                                       
  does not have to bear the consequences of laziness.                                               
                                                                                                    
  Her children stand and bless her. Her husband praises her:                                        
  "There are many virtuous and capable women in the world, but                                      
  you surpass them all!"                                                                            
                                                                                                    
  Charm is deceptive, and beauty does not last; but a woman who                                     
  fears the Lord will be greatly praised.                                                           
                                                                                                    
  Reward her for all she has done. Let her deeds publicly declare                                   
  her praise. (Proverbs 31:26-31)                                                                   
                                                                                                    
  Dear God, I thank You for Mother's Day - so we can celebrate                                      
  that special person You provided to give us life - our mothers. I                                 
  thank You for my mother and that You have extended her life.                                      
  Dear Lord, make this a special day for her and cause her to rest                                  
  in You. I thank You also for the mother of my children. You                                       
  have blessed me indeed!                                                                           

2002-05-12                     Senate Journal                      Page 3394
            I ask also that You bless each mother here today, make                                 
     Yourself real to them. Give them Your wisdom and peace.                                        
                                                                                                    
     In Jesus' name, Amen.                                                                          
                                                                                                    
Senator Lincoln led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 324                                                                                            
Senator Taylor requested that the reconsideration on CS FOR                                         
SENATE BILL NO. 324(L&C) be taken up. The bill was before the                                       
Senate on reconsideration.                                                                          
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
324(L&C) "An Act providing that a utility or electric operating entity                              
owned and operated by a political subdivision of the state competing                                
directly with a telecommunications utility is not subject to the Alaska                             
Public Utilities Regulatory Act" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSSB 324(L&C)                                                                                       
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  18   NAYS:  1   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Elton, Green, Halford,                                    
Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault,                                
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Ellis                                                                                        
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, CS FOR SENATE BILL NO. 324(L&C) passed the Senate on                                        
reconsideration and was referred to the Secretary for engrossment.                                  
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SCR 35                                                                                            
Message dated May 11 was read, stating the House passed and                                         
returned:                                                                                           

2002-05-12                     Senate Journal                      Page 3395
          SENATE CONCURRENT RESOLUTION NO. 35                                                       
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 405, relating to the                                            
          prosecution of criminal offenses.                                                         
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SB 11                                                                                             
Message dated May 11 was read, stating the House has adopted the                                    
report of the Conference Committee considering CS FOR SENATE                                        
BILL NO. 11(FIN) am H and CS FOR SENATE BILL NO. 11(FIN),                                           
thus adopting:                                                                                      
                                                                                                    
          CONFERENCE CS FOR SENATE BILL NO. 11                                                      
          "An Act relating to required school attendance; and                                       
          providing for an effective date."                                                         
                                                                                                    
The Senate adopted CONFERENCE CS FOR SENATE BILL NO. 11                                             
on May 11 (page 3347).                                                                              
                                                                                                    
The bill was referred to the Secretary for engrossment and enrollment.                              
                                                                                                    
HB 362                                                                                            
Message dated May 11 was read, stating the House concurred in the                                   
Senate amendment to HOUSE BILL NO. 362, thus adopting:                                              
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 362(RLS)                                                     
          "An Act extending the termination date of the Board                                       
          of Governors of the Alaska Bar Association."                                              
                                                                                                    
HB 381                                                                                            
Message dated May 11 was read, stating the House concurred in the                                   
Senate amendment to HOUSE BILL NO. 381, thus adopting:                                              
                                                                                                    
          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."                                            
                                                                                                    

2002-05-12                     Senate Journal                      Page 3396
HB 405                                                                                            
Message dated May 11 was read, stating the House concurred in the                                   
Senate amendment to HOUSE BILL NO. 405 "An Act relating to the                                      
prosecution of criminal offenses committed on or against ferries and                                
other watercraft owned or operated by the state; and providing for an                               
effective date" thus adopting:                                                                      
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 405(JUD)                                                     
          "An Act relating to the prosecution of criminal                                           
          offenses committed on or against aircraft owned or                                        
          operated by the state or ferries and other watercraft                                     
          owned or operated by the state; and providing for an                                      
             effective date." (Title change authorized by SCR 35)                                  
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 37                                                                                             
Message dated May 11 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 37(FIN) with                                      
the following amendments:                                                                           
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          37(JUD) am H "An Act relating to collective                                               
          negotiation by competing physicians with health                                           
          benefit plans, to health benefit plan contracts, to the                                   
          application of antitrust laws to agreements involving                                     
          providers and groups of providers affected by                                             
          collective negotiations, and to the effect of the                                         
          collective negotiation provisions on health care                                          
          providers."                                                                               
                                                                                                    
Senator Leman moved that the Senate concur in the House                                             
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-12                     Senate Journal                      Page 3397
HCS CSSB 37(JUD) am H                                                                               
Shall the Senate Concur in the House                                                                
amendments to CSSB 37(FIN)?                                                                         
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR CS FOR SENATE BILL NO. 37(JUD) am H "An                                                
Act relating to collective negotiation by competing physicians with                                 
health benefit plans, to health benefit plan contracts, to the application                          
of antitrust laws to agreements involving providers and groups of                                   
providers affected by collective negotiations, and to the effect of the                             
collective negotiation provisions on health care providers."                                        
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 355                                                                                            
Senator Leman requested that the reconsideration on SENATE BILL                                     
NO. 355 be taken up. The bill was before the Senate on                                              
reconsideration.                                                                                    
                                                                                                    
The question to be reconsidered: "Shall SENATE BILL NO. 355 "An                                     
Act establishing an account in the general fund to receive general gifts,                           
donations, and bequests to the State of Alaska" pass the Senate?" The                               
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-12                     Senate Journal                      Page 3398
SB 355                                                                                              
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Olson, Taylor, Therriault, Torgerson, Ward, Wilken                                                  
                                                                                                    
Nays:  Davis, Ellis, Elton, Lincoln, Phillips, Stevens                                              
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
Phillips changed from "Yea" to "Nay".                                                               
Davis changed from "Yea" to "Nay".                                                                  
                                                                                                    
and so, SENATE BILL NO. 355 passed the Senate on reconsideration                                    
and was referred to the Secretary for engrossment.                                                  
                                                                                                    
Message dated May 11 was read, stating the House passed and                                         
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HCR 35                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 35 BY THE HOUSE                                                     
RULES COMMITTEE,                                                                                    
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning Senate Bill No. 345, relating to medical                                       
          assistance paid to school districts for services to                                       
          certain children.                                                                         
                                                                                                    
was read the first time and was before the Senate on final passage.                                 
                                                                                                    
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 35 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning Senate Bill No. 345,                                    
relating to medical assistance paid to school districts for services to                             
certain children, pass the Senate?" The roll was taken with the                                     
following result:                                                                                   
                                                                                                    
                                                                                                    

2002-05-12                     Senate Journal                      Page 3399
HCR 35                                                                                              
Final Passage                                                                                       
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                   
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Absent:  Hoffman, Therriault                                                                        
                                                                                                    
and so, HOUSE CONCURRENT RESOLUTION NO. 35 passed the                                               
Senate, was signed by the President and Secretary and returned to the                               
House.                                                                                              
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 345                                                                                            
Message dated May 11 was read, stating the House passed and                                         
returned for consideration SENATE BILL NO. 345 "An Act relating                                     
to medical assistance for rehabilitative services for certain children                              
with disabilities; relating to agreements to pay medical assistance for                             
covered services paid for or furnished to eligible children with                                    
disabilities by a school district; and providing for an effective date"                             
with the following amendment:                                                                       
                                                                                                    
       HOUSE CS FOR SENATE BILL NO. 345(RLS) "An                                                    
       Act relating to questionnaires and surveys administered                                      
       in the public schools; relating to statewide school                                          
       district correspondence study and to centralized                                             
       correspondence study; relating to the delay of the                                           
       reduction of supplementary public school funding;                                            
       relating to funding the Alaska Challenge Youth                                               
       Academy program; relating to medical assistance for                                          
       rehabilitative services for certain children with                                            
       disabilities; relating to agreements to pay medical                                          
       assistance for covered services paid for or furnished to                                     
       eligible children with disabilities by a school district;                                    
       and providing for an effective date."                                                        
       (Title change authorized by HCR 35)                                                          
                                                                                                    
Senator Leman moved that the Senate concur in the House                                             
amendment.                                                                                          

2002-05-12                     Senate Journal                      Page 3400
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS SB 345(RLS)                                                                                     
Shall the Senate Concur in the House                                                                
amendment to SB 345?                                                                                
                                                                                                    
YEAS:  5   NAYS:  14   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Lincoln, Olson                                                          
                                                                                                    
Nays:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendment. In the event the                                
House fails to recede, the President appointed a Conference                                         
Committee to meet with a like committee from the House to consider                                  
the bills:                                                                                          
                                                                                                    
 Senator Green, Chair                                                                               
 Senator Therriault                                                                                 
 Senator Davis                                                                                      
                                                                                                    
SB 359                                                                                            
Message dated May 12 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 359(RLS)                                          
with the following amendment:                                                                       
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          359(FIN) "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."                                                 
                                                                                                    
Senator Leman moved that the Senate concur in the House                                             
amendment.                                                                                          
                                                                                                    

2002-05-12                     Senate Journal                      Page 3401
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 359(FIN)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 359(RLS)?                                                                         
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 359(FIN) "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."                                                           
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
HB 135                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
135(JUD) am "An Act relating to municipal fees for certain police                                   
protection services and to a tenant's activities that result in the                                 
imposition of those fees" and recommended it be replaced with                                       
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          135(JUD)                                                                                  
                                                                                                    
Signing do pass: Senator Taylor, Chair, Senators Ellis, Cowdery.                                    
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Community and Economic                                      
  Development                                                                                       

2002-05-12                     Senate Journal                      Page 3402
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 239                                                                                            
The Finance Committee considered HOUSE BILL NO. 239 "An Act                                         
establishing a pilot program for a regional learning center" and                                    
recommended the adoption of the Health, Education and Social                                        
Services Senate Committee Substitute offered on page 2834.                                          
                                                                                                    
Signing do pass: Senator Kelly, Cochair, Senators Hoffman, Olson,                                   
Ward. Signing amend: Senator Donley, Cochair, Senators Green,                                       
Wilken. Signing no recommendation: Senator Austerman.                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Education and Early                                               
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 300                                                                                            
The Finance Committee considered HOUSE BILL NO. 300 "An Act                                         
relating to the procurement of certain travel services" and                                         
recommended the adoption of the State Affairs Senate Committee                                      
Substitute offered on page 3178. Signing no recommendation:                                         
Senators Donley, Kelly, Cochairs, Senators Green, Austerman,                                        
Wilken, Ward. Signing do pass: Senators Hoffman, Olson.                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Administration                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 382                                                                                            
The Finance 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 the adoption of                                
the Resources Senate Committee Substitute offered on page 3200.                                     
Signing do pass: Senator Kelly, Cochair, Senators Green, Austerman,                                 
Hoffman, Olson, Wilken, Ward. Signing no recommendation: Senator                                    
Donley, Cochair.                                                                                    

2002-05-12                     Senate Journal                      Page 3403
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 Rules Committee.                                                       
                                                                                                    
HB 393                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
393(JUD) am "An Act relating to unfair and deceptive trade practices                                
and to the sale of business opportunities; amending Rules 4 and 73,                                 
Alaska Rules of Civil Procedure; and providing for an effective date"                               
and recommended the adoption of the Labor and Commerce Senate                                       
Committee Substitute offered on page 3179. Signing no                                               
recommendation: Senators Donley, Kelly, Cochairs, Senators Green,                                   
Hoffman, Wilken, Ward. Signing do pass: Senators Austerman, Olson.                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Law                                                
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 510                                                                                            
The Transportation Committee considered HOUSE BILL NO. 510                                          
"An Act relating to the regulation of commercial motor vehicles to                                  
avoid loss or withholding of federal highway money, and to out-of-                                  
service orders concerning commercial motor vehicles; amending Rule                                  
43.1, Alaska Rules of Administration; and providing for an effective                                
date." Signing do pass: Senator Cowdery, Chair, Senators Taylor,                                    
Elton.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Transportation and Public                                   
  Facilities                                                                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-12                     Senate Journal                      Page 3404
SB 55                                                                                             
The Rules Committee considered SENATE BILL NO. 55 "An Act                                           
changing the name of the Alaska Pioneers' Home to the Alaska                                        
Pioneers' and Veterans' Home and of the Alaska Pioneers' Homes                                      
Advisory Board to the Alaska Pioneers' and Veterans' Home Advisory                                  
Board; relating to services for veterans in the home; relating to the                               
advisory board for the home; making other amendments to the statutes                                
relating to the home; making conforming amendments to other                                         
statutes; and providing for an effective date" and recommended it be                                
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 55(RLS) "An Act                                                    
          changing the name of the Alaska Pioneers' Home to                                         
          the Alaska Pioneers' and Veterans' Home and of the                                        
          Alaska Pioneers' Homes Advisory Board to the                                              
          Alaska Pioneers' and Veterans' Home Advisory                                              
          Board; relating to housing and services for veterans;                                     
          relating to the advisory board for the home; making                                       
          other amendments to the statutes relating to the                                          
          home; and providing for an effective date."                                               
                                                                                                    
Signing to calendar: Senator Phillips, Chair, Senators Cowdery,                                     
Halford, Ellis. Signing under other recommendations: Senator                                        
Therriault.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 4, zero, Department of Administration                                              
                                                                                                    
SB 230                                                                                            
The Rules Committee considered 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." Signing to calendar:                                    
Senator Phillips, Chair, Senators Cowdery, Halford, Therriault, Ellis.                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-12                     Senate Journal                      Page 3405
SB 317                                                                                            
The Rules Committee considered SENATE BILL NO. 317 "An Act                                          
relating to the national forest income program in the Department of                                 
Community and Economic Development and to the authority of the                                      
department to adopt regulations; and providing for an effective date."                              
Signing under other recommendations: Senator Phillips, Chair,                                       
Senators Therriault, Ellis. Signing to calendar: Senators Cowdery,                                  
Halford.                                                                                            
                                                                                                    
SB 366                                                                                            
The Rules 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." Signing under other recommendations: Senator                                
Phillips, Chair, Senators Therriault, Ellis. Signing to calendar:                                   
Senators Cowdery, Halford.                                                                          
                                                                                                    
HB 162                                                                                            
The Rules Committee considered HOUSE BILL NO. 162 "An Act                                           
relating to absences from the state under the longevity bonus                                       
program." Signing to calendar: Senator Phillips, Chair, Senator Ellis.                              
Signing under other recommendations: Senator Therriault.                                            
                                                                                                    
HB 180                                                                                            
The Rules 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 to calendar: Senator Phillips,                            
Chair, Senators Cowdery, Therriault, Ellis.                                                         
                                                                                                    
HB 209                                                                                            
The Rules 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." Signing to calendar:                                 
Senator Phillips, Chair, Senators Therriault, Ellis.                                                
                                                                                                    
HB 225                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
225(FIN) am "An Act relating to state taxation of alcoholic beverages;                              
and increasing the alcoholic beverage state tax rates" and                                          
recommended it be replaced with                                                                     

2002-05-12                     Senate Journal                      Page 3406
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          225(RLS)                                                                                  
                                                                                                    
Signing to calendar and do pass: Senator Phillips, Chair, Senator Ellis.                            
Signing under other recommendations: Senators Cowdery, Therriault.                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Revenue                                                           
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 246                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
246(JUD) "An Act relating to regulation of a person providing                                       
insurance for the cost of medical care, to confidentiality of insurance                             
records, to insurance hearings, to insurance fees, to annual and                                    
quarterly statements by insurers, to managed care insurance, to taxes                               
on insurance, to insurer certificates of authority, to risk based capital                           
for insurers, to unauthorized and nonadmitted insurers, to surplus lines                            
insurance, to health insurance, to life insurance, to annuity insurance,                            
to consumer credit insurance, to insurer liquidation, to multiple                                   
employer welfare arrangements, to the Alaska Insurance Guaranty                                     
Association, to hospital and medical service corporations, and to                                   
regulation of insurance producers, agents, brokers, managers, and                                   
adjusters; and providing for an effective date." Signing to calendar:                               
Senator Phillips, Chair, Senators Cowdery, Halford, Therriault, Ellis.                              
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 348                                                                                            
The Rules Committee considered HOUSE BILL NO. 348 "An Act                                           
relating to violations of domestic violence protective orders." Signing                             
to calendar: Senator Phillips, Chair, Senator Ellis. Signing under other                            
recommendations: Senators Cowdery, Therriault.                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-12                     Senate Journal                      Page 3407
HB 389                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
389(CRA) "An Act eliminating the delayed repeal of a provision                                      
authorizing an exemption from and deferral of municipal property                                    
taxes on certain types of deteriorated property; and providing for an                               
effective date" and recommended it be replaced with                                                 
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          389(RLS) "An Act changing the date of repeal of a                                         
          provision authorizing an exemption from and deferral                                      
          of municipal property taxes on certain types of                                           
          deteriorated property; and providing for an effective                                     
          date." (Title change authorized by SCR 38)                                                
                                                                                                    
Signing to calendar: Senator Phillips, Chair, Senators Cowdery,                                     
Halford, Ellis.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
HB 420                                                                                            
The Rules Committee considered HOUSE BILL NO. 420(title am)                                         
"An Act repealing certain sunset provisions relating to the use of                                  
water; and providing for an effective date." Signing to calendar:                                   
Senator Phillips, Chair, Senators Cowdery, Halford. Signing do not                                  
pass: Senator Ellis.                                                                                
                                                                                                    
HB 526                                                                                            
The Rules Committee considered HOUSE BILL NO. 526 "An Act                                           
relating to the deadline for filing financial disclosure statements for                             
public members and public member nominees of the Select Committee                                   
on Legislative Ethics." Signing to calendar: Senator Phillips, Chair,                               
Senators Therriault, Ellis.                                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-12                     Senate Journal                      Page 3408
SCR 38                                                                                            
The Rules Committee considered SENATE CONCURRENT                                                    
RESOLUTION NO. 38 Suspending Rules 24(c), 35, 41(b), and 42(e),                                     
Uniform Rules of the Alaska State Legislature, concerning House Bill                                
No. 389, relating to a provision authorizing an exemption from and                                  
deferral of municipal property taxes on certain types of deteriorated                               
property. Signing to calendar: Senator Phillips, Chair, Senators                                    
Cowdery, Halford, Ellis.                                                                            
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 42                                                                                            
SENATE CONCURRENT RESOLUTION NO. 42 BY THE                                                          
SENATE JUDICIARY COMMITTEE,                                                                         
                                                                                                    
                Suspending Rules 24(c), 35, 41(b), and 42(e),                                      
                Uniform Rules of the Alaska State Legislature,                                     
            concerning House Bill No. 246, relating to insurance.                                  
                                                                                                    
was read the first time and placed on the Secretary's desk.                                         
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
Senator Phillips moved and asked unanimous consent that CS FOR                                      
HOUSE BILL NO. 225(FIN) am "An Act relating to state taxation of                                    
alcoholic beverages; and increasing the alcoholic beverage state tax                                
rates" and CS FOR HOUSE BILL NO. 246(JUD) "An Act relating to                                       
regulation of a person providing insurance for the cost of medical care,                            
to confidentiality of insurance records, to insurance hearings, to                                  
insurance fees, to annual and quarterly statements by insurers, to                                  
managed care insurance, to taxes on insurance, to insurer certificates                              
of authority, to risk based capital for insurers, to unauthorized and                               
nonadmitted insurers, to surplus lines insurance, to health insurance, to                           
life insurance, to annuity insurance, to consumer credit insurance, to                              
insurer liquidation, to multiple employer welfare arrangements, to the                              
Alaska Insurance Guaranty Association, to hospital and medical                                      
service corporations, and to regulation of insurance producers, agents,                             
brokers, managers, and adjusters; and providing for an effective date"                              
be returned to the Rules Committee. Senator Ellis objected.                                         

2002-05-12                     Senate Journal                      Page 3409
Senator Ellis moved to divide the question, then withdrew his motion.                               
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess for the purpose of a majority caucus. Without                                       
objection, the Senate recessed at 8:05 p.m.                                                         
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 10:40 p.m.                                                                 
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 160                                                                                            
The May 12 calendar was not taken up and CS FOR HOUSE BILL                                          
NO. 160(JUD) "An Act requiring the reporting of induced                                             
terminations of pregnancies" will be on the May 13 calendar.                                        
                                                                                                    
HB 225                                                                                            
The May 12 calendar was not taken up and CS FOR HOUSE BILL                                          
NO. 225(FIN) am "An Act relating to state taxation of alcoholic                                     
beverages; and increasing the alcoholic beverage state tax rates" will                              
be on the May 13 calendar.                                                                          
                                                                                                    
HB 246                                                                                            
The May 12 calendar was not taken up and CS FOR HOUSE BILL                                          
NO. 246(JUD) "An Act relating to regulation of a person providing                                   
insurance for the cost of medical care, to confidentiality of insurance                             
records, to insurance hearings, to insurance fees, to annual and                                    
quarterly statements by insurers, to managed care insurance, to taxes                               
on insurance, to insurer certificates of authority, to risk based capital                           
for insurers, to unauthorized and nonadmitted insurers, to surplus lines                            
insurance, to health insurance, to life insurance, to annuity insurance,                            
to consumer credit insurance, to insurer liquidation, to multiple                                   
employer welfare arrangements, to the Alaska Insurance Guaranty                                     
Association, to hospital and medical service corporations, and to                                   
regulation of insurance producers, agents, brokers, managers, and                                   
adjusters; and providing for an effective date" will be on the May 13                               
calendar.                                                                                           

2002-05-12                     Senate Journal                      Page 3410
HB 397                                                                                            
The May 12 calendar was not taken up and SENATE CS FOR CS                                           
FOR HOUSE BILL NO. 397(TRA) "An Act exempting a person                                              
driving certain motor vehicles, aircraft, or watercraft from driver                                 
licensing requirements; and providing for an effective date" will be on                             
the May 13 calendar.                                                                                
                                                                                                    
HB 421                                                                                            
The May 12 calendar was not taken up and SENATE CS FOR CS                                           
FOR HOUSE BILL NO. 421(FIN) "An Act relating to requiring the                                       
Department of Natural Resources to develop and maintain a                                           
standardized procedure for processing applications and issuing                                      
permits, authorizations, and certifications under the Alaska Water Use                              
Act and to make a record of those items and amendments and orders                                   
affecting them available on the Internet" will be on the May 13                                     
calendar.                                                                                           
                                                                                                    
HB 504                                                                                            
The May 12 calendar was not taken up and CS FOR HOUSE BILL                                          
NO. 504(FIN) am "An Act relating to the wages of people working in                                  
the fisheries business" will be on the May 13 calendar.                                             
                                                                                                    
HB 515                                                                                            
The May 12 calendar was not taken up and SENATE CS FOR CS                                           
FOR HOUSE BILL NO. 515(FIN) "An Act relating to missions and                                        
measures to be applied to certain expenditures by the executive branch                              
of state government and the University of Alaska and by the judicial                                
branch of state government from the state operating budget for the                                  
fiscal year ending June 30, 2003; and providing for an effective date"                              
will be on the May 13 calendar.                                                                     
                                                                                                    
SB 280                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 280(RES)(fld S)                                       
"An Act permitting grants to certain regulated public utilities for water                           
quality enhancement projects and water supply and wastewater                                        
systems" was not taken up this legislative day and the bill was referred                            
to the Secretary for permanent filing.                                                              
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-12                     Senate Journal                      Page 3411
HB 52                                                                                             
The reconsideration on HOUSE BILL NO. 52 am "An Act relating to                                     
the Interstate Compact for Adult Offender Supervision and the State                                 
Council for Interstate Adult Offender Supervision; amending Rules 4                                 
and 24, Alaska Rules of Civil Procedure; and providing for an                                       
effective date" was not taken up this legislative day and the bill was                              
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 274                                                                                            
The reconsideration on SENATE CS FOR CS FOR HOUSE BILL                                              
NO. 274(L&C) "An Act relating to the qualification of a physician                                   
used for an employer's independent medical examination; and                                         
providing for an effective date" was not taken up this legislative day                              
and the bill was referred to the Secretary for engrossment.                                         
                                                                                                    
HB 288                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 288(FIN) am "An                                        
Act relating to commercial fishing limited entry permit buy-back                                    
programs, to a permit buy-back assessment, and to voluntary                                         
relinquishment of commercial fishing permits; and defining 'optimum                                 
number'" was not taken up this legislative day and the bill was signed                              
by the President and Secretary and returned to the House.                                           
                                                                                                    
HB 305                                                                                            
The reconsideration on SENATE CS FOR CS FOR HOUSE BILL                                              
NO. 305(RLS) "An Act prohibiting certain state employment, a                                        
student loan, or a permanent fund dividend for a person who fails to                                
register for the military selective service; and providing for an                                   
effective date" was not taken up this legislative day and the bill was                              
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 307                                                                                            
The reconsideration on HOUSE BILL NO. 307 "An Act delaying to                                       
June 30, 2007, the last date by which hydrocarbon exploration                                       
geophysical work must be performed or drilling of a stratigraphic test                              
well or exploratory well must be completed in order for a person to                                 
qualify for an exploration incentive credit" was not taken up this                                  
legislative day and the bill was signed by the President and Secretary                              
and returned to the House.                                                                          
                                                                                                    

2002-05-12                     Senate Journal                      Page 3412
HB 331                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 331(STA) "An                                           
Act relating to appointment of persons to positions that require                                    
confirmation by the legislature; and providing for an effective date"                               
was not taken up this legislative day and the bill was signed by the                                
President and Secretary and returned to the House.                                                  
                                                                                                    
HB 455                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 455(CRA) "An                                           
Act relating to the assessment of certain agricultural land for purposes                            
of municipal taxation; and providing for an effective date" was not                                 
taken up this legislative day and the bill was signed by the President                              
and Secretary and returned to the House.                                                            
                                                                                                    
HB 458                                                                                            
The reconsideration on HOUSE BILL NO. 458 "An Act relating to                                       
periods of probation for state employees; and providing for an                                      
effective date" was not taken up this legislative day and the bill was                              
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 324                                                                                            
CS FOR SENATE BILL NO. 324(L&C) "An Act providing that a                                            
utility or electric operating entity owned and operated by a political                              
subdivision of the state competing directly with a telecommunications                               
utility is not subject to the Alaska Public Utilities Regulatory Act" was                           
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-12                     Senate Journal                      Page 3413
SB 355                                                                                            
SENATE BILL NO. 355 "An Act establishing an account in the                                          
general fund to receive general gifts, donations, and bequests to the                               
State of Alaska" was engrossed, signed by the President and Secretary                               
and transmitted to the House for consideration.                                                     
                                                                                                    
HB 274                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 274(L&C) "An Act                                                
relating to the qualification of a physician used for an employer's                                 
independent medical examination; and providing for an effective date"                               
was engrossed, signed by the President and Secretary and returned to                                
the House for consideration.                                                                        
                                                                                                    
HB 305                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 305(RLS) "An Act                                                
prohibiting certain state employment, a student loan, or a permanent                                
fund dividend for a person who fails to register for the military                                   
selective service; and providing for an effective date" was engrossed,                              
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Phillips, Acting Majority Leader, moved and asked unanimous                                 
consent that the Senate stand in adjournment until 10:00 a.m., July 13,                             
2002. Without objection, the Senate adjourned at 10:41 p.m.                                         
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    July 2002                       

2002-05-12                     Senate Journal                      Page 3414
                                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 12        Sunday                    Senate Finance 532            9:00 PM                     
              -- Time Change --                                                                     
     HB 252 CHILDREN IN NEED OF AID: SERVICES & LIAB.                                               
     HB 489 CRUELTY TO ANIMALS                                                                      
     HB  27 HOME INSPECTORS/CONTRACTORS                                                             
     HJR 35 REPEAL ESTATE TAX                                                                       
     HB 303 INDIVIDUAL INCOME TAX                                                                   
     HB  51 LEGIS APPROVAL OF SEAFOOD/FOOD SAFETY LAB                                               
     HB 317 STALKING & PROTECTIVE ORDERS                                                            
= HB 131 FOREST RESOURCES & PRACTICES STANDARDS                                                     
     HB 498 CORRECTIONAL FACILITIES                                                                 
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
May 13        Monday                    Senate Finance 532                                        
              -- Call of the Chair --                                                               
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 13        Monday                                Beltz 211                                     
              -- Time to be Announced --                                                            
+= HB 152 BREWPUB LICENSES                                                                          
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    

2002-05-12                     Senate Journal                      Page 3415
                            JUDICIARY (continued)                                                
                                                                                                    
May 14        Tuesday                               Beltz 211                                     
              -- Time to be Announced --                                                            
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
May 12        Sunday                       Fahrenkamp 203             1:30 PM                     
              -- Time Change --                                                                     
     SB  55 PIONEERS' AND VETERANS' HOME/ADVISORY BD                                                
     SB 230 PSYCHOTROPIC DRUGS FOR CHILDREN                                                         
     SB 317 NAT'L FOREST INCOME AND REGS OF DCED                                                    
     SB 366 CHITINA DIP NET FISHERY PERMIT FEE                                                      
     HB  53 SEISMIC HAZARDS SAFETY COMMISSION                                                       
= HB  56 MINIMUM WAGE                                                                               
     HB 207 REALIGNMENT OF JUDICIAL DISTRICTS                                                       
     HB 208 AQUATIC FARMS FOR SHELLFISH                                                             
     HB 246 OMNIBUS INSURANCE BILL                                                                  
= HB 254 STATE RETIREMENT SYSTEMS/WARRANTS                                                          
     HB 276 REGULATION OF NURSING                                                                   
     HB 287 EXEMPT ENTRY PERMITS FROM CREDITOR CLAIMS                                               
     HB 296 MUNICIPAL MERGER AND CONSOLIDATION                                                      
     HB 332 COUNCIL ON DOMESTIC VIOLENCE                                                            
     HB 350 TERRORISTIC  THREATS                                                                    
     HB 447 COM FISH & AGRICULTURE BANK INTEREST RATE                                               
     HB 499 SUCCESSOR LIABILITY FOR PRODUCT LIABILITY                                               
     HB 507 NAMING WEIGH STATION AND BIKE TRAIL                                                     
     HB 521 MUNICIPAL IMPROVEMENT AREAS                                                             
     HB 527 MINTO FLATS GAME REFUGE                                                                 
                                                                                                    
May 13        Monday                       Fahrenkamp 203             9:30 AM                     
     HB 135 EXCESSIVE POLICE SERVICES:FEES/ TENANCY                                                 
     HB 300 PROCUREMENT OF TRAVEL SERVICES                                                          
     HB 330 PROVIDING ALCOHOL TO PERSONS UNDER 21                                                   
     HB 382 CLEANUP OF ILLEGAL DRUG SITES                                                           
     HB 393 SALES OF BUSINESS OPPORTUNITIES                                                         
     HB 471 AIDEA LOANS AND DIVIDEND                                                                
     HB 510 COMMERCIAL MOTOR VEHICLES:REGULATIONS                                                   
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2002-05-12                     Senate Journal                      Page 3416
                               JOINT COMMITTEES                                                  
                                                                                                    
                   CONFERENCE COMMITTEES ON HB 403 & HB 404                                      
                                                                                                    
May 12        Sunday                    Senate Finance 532          11:00 AM                      
= HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB 404 APPROP: MENTAL HEALTH BUDGET                                                               
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
May 13        Monday                       House Chamber              6:00 PM