Legislature(2001 - 2002)

2002-05-15 Senate Journal

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2002-05-15                     Senate Journal                      Page 3565
                                                                                                    
                                 SENATE JOURNAL                                                  
                                                                                                    
                            ALASKA STATE LEGISLATURE                                             
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                    
                                                                                                    
Juneau, Alaska                               Wednesday                                 May 15, 2002
                                                                                                    
                         One Hundred Twenty-second Day                                           
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 3:25 p.m.                                                                                
                                                                                                    
The roll showed eighteen members present. Senators Austerman,                                       
Phillips were absent.                                                                               
                                                                                                    
The prayer was offered by the Chaplain, Senator Taylor. Senator                                     
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
              God, grant me the serenity to accept those things we                                 
               cannot change, the courage to change those things                                   
             that we can, and the wisdom to know the difference.                                    
                                     Amen.                                                         
                                                                                                    
Senator Elton led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                           Messages from the Governor                                            
                                                                                                    
                             Executive Proclamation                                              
                                                                                                    
Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska                        
Constitution, and in the public interest, I call the Twenty-Second                                  
Legislature of the State of Alaska into its second special session at                               
Juneau, Alaska, in the legislative chambers at 2:00 p.m. on the day                                 
following the date of adjournment of the second regular session,                                    
including any extension made under art. II, sec. 8 of the Alaska                                    
Constitution to consider an amendment to the Alaska Constitution                                    
providing for priorities for the taking of fish, wildlife, and other                                
renewable resources for subsistence.                                                                
                                                                                                    

2002-05-15                     Senate Journal                      Page 3566
Dated at Juneau, Alaska this 14th day of May, 2002.                                                 
                                                                                                    
/s/                                                                                                 
Tony Knowles, Governor                                                                              
                                                                                                    
                                                                                                    
                            Messages from the House                                              
                                                                                                    
SCR 36                                                                                            
Message dated May 13 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
             SENATE CONCURRENT RESOLUTION NO. 36                                                    
             Suspending Rules 24(c), 35, 41(b), and 42(e),                                          
             Uniform Rules of the Alaska State Legislature,                                         
             concerning House Bill No. 262, relating to                                             
             accounting for and appropriations of receipts from                                     
             fees collected by the Department of Labor and                                          
             Workforce Development for certain inspections and                                      
             for certain plumbing and electrical worker certificates                                
             of fitness, establishing a building safety account, and                                
             providing for an effective date.                                                       
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SCR 37                                                                                            
Message dated May 13 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
             SENATE CONCURRENT RESOLUTION NO. 37                                                    
             Suspending Rules 24(c), 35, 41(b), and 42(e),                                          
             Uniform Rules of the Alaska State Legislature,                                         
             concerning House Bill No. 274, relating to workers'                                    
             compensation.                                                                          
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SB 100                                                                                            
Message dated May 13 was read, stating the House passed and                                         
returned:                                                                                           

2002-05-15                     Senate Journal                      Page 3567
             CS FOR SPONSOR SUBSTITUTE FOR SENATE                                                   
             BILL NO. 100(RLS)(title am) "An Act relating to                                        
             regulation and operation of personal motor vehicles."                                 
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 235                                                                                            
Message dated May 13 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
             CS FOR SENATE BILL NO. 235(STA) "An Act                                                
             relating to emergency and disaster relief forces as                                    
             state employees for purposes of workers'                                               
             compensation benefits; relating to the Emergency                                       
             Management Assistance Compact and the                                                  
             implementation of the compact; and providing for an                                    
             effective date."                                                                       
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 286                                                                                            
Message dated May 13 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 286(RES) am, thus                                         
adopting:                                                                                           
                                                                                                    
             SENATE CS FOR CS FOR HOUSE BILL NO.                                                    
             286(RES) "An Act allowing a person to hold two                                         
             commercial fishing entry permits for a salmon fishery                                  
             for the purpose of consolidating the fishing fleet for a                               
             salmon fishery; relating to salmon fishery                                             
             associations and to salmon fishery assessments; and                                    
             providing for an effective date."                                                      
                                                                                                    
The presence of Senators Austerman, Phillips was noted.                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3568
HB 274                                                                                            
Message dated May 13 was read, stating the House concurred in the                                   
Senate amendment to 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 to the authority of the Alaska                                  
Workers' Compensation Board to provide an expedited hearing when                                    
an employee needs medical treatment; and providing for an effective                                 
date" thus adopting:                                                                                
                                                                                                    
             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." (Title change authorized by SCR 37)                                             
                                                                                                    
HB 262                                                                                            
Message dated May 13 was read, stating the House concurred in the                                   
Senate amendment to HOUSE BILL NO. 262 "An Act relating to                                          
accounting for and appropriations of receipts from fees collected by                                
the Department of Labor and Workforce Development for certain                                       
inspections and for certain plumbing and electrical worker certificates                             
of fitness; establishing a building safety account; and providing for an                            
effective date" thus adopting:                                                                      
                                                                                                    
             SENATE CS FOR HOUSE BILL NO. 262(RLS)                                                  
             "An Act relating to the accounting for and                                             
             appropriations of certain state program receipts; and                                  
             providing for an effective date." (Title change                                        
             authorized by SCR 36)                                                                  
                                                                                                    
HB 206                                                                                            
Message dated May 13 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 206(RLS), thus                                            
adopting:                                                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3569
             CS FOR HOUSE BILL NO. 206(RLS) am S "An Act                                            
             relating to a vessel-based commercial fisheries                                        
             limited entry system for the Bering Sea Korean hair                                    
             crab fishery and for weathervane scallop fisheries, to                                 
             management of offshore fisheries, and to the                                           
             definition of 'person' for purposes of the commercial                                  
             fisheries entry program; and providing for an                                          
             effective date."                                                                       
                                                                                                    
SB 345                                                                                            
Message dated May 14 was read, stating the House has adopted the                                    
report of the Conference Committee  considering HOUSE CS FOR                                        
SENATE BILL NO. 345(RLS) and SENATE BILL NO. 345, thus                                              
adopting:                                                                                           
                                                                                                    
             CONFERENCE CS FOR SENATE BILL NO. 345                                                  
             "An Act relating to correspondence study programs;                                     
             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."                                        
                                                                                                    
The Senate adopted CONFERENCE CS FOR SENATE BILL NO.                                                
345 on May 14 (page 3546).                                                                          
                                                                                                    
The bill was referred to the Secretary for engrossment and enrollment.                              
                                                                                                    
                                                                                                    
                           Standing Committee Reports                                            
                                                                                                    
HB 27                                                                                             
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
27(FIN) "An Act relating to the registration of individuals who                                     
perform home inspections; relating to regulation of contractors;                                    
relating to registration fees for specialty contractors, home inspectors,                           
and associate home inspectors; relating to home inspection                                          
requirements for residential loans purchased or approved by the                                     

2002-05-15                     Senate Journal                      Page 3570
Alaska Housing Finance Corporation; relating to civil actions by and                                
against home inspectors and to civil actions arising from residential                               
unit inspections; and providing for an effective date." Signing to                                  
calendar: Senator Phillips, Chair, Senators Ellis, Therriault, Cowdery.                             
                                                                                                    
HB 182                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
182(FIN) am "An Act relating to certain vehicles, including                                         
motorcycles and trailers; relating to the registration, bonding, and                                
other regulation of motor vehicle dealers; relating to the registration                             
and other regulation of certain motor vehicle buyers' agents; relating to                           
acts and transactions involving vehicles, including trailers, and to the                            
acts and practices of certain persons and entities involved in vehicle                              
transactions, including trailer transactions; relating to consumer                                  
protection for used vehicle buyers; amending Rule 3, Alaska Rules of                                
Civil Procedure; and providing for an effective date." Signing to                                   
calendar: Senator Phillips, Chair, Senators Cowdery, Halford,                                       
Therriault.                                                                                         
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 203                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
203(FIN) "An Act making an appropriation to the Legislative Council                                 
for a study of school district cost factors; and providing for an                                   
effective date" and recommended it be replaced with                                                 
                                                                                                    
             SENATE CS FOR CS FOR HOUSE BILL NO.                                                    
             203(RLS) "An Act making an appropriation to the                                        
             Department of Education and Early Development for                                      
             the foundation program; and providing for an                                           
              effective date." (Title change authorized by SCR 13)                                 
                                                                                                    
Signing to calendar: Senator Phillips, Chair, Senators Cowdery,                                     
Halford, Therriault.                                                                                
                                                                                                    
HB 239                                                                                            
The Rules Committee considered HOUSE BILL NO. 239 "An Act                                           
establishing a pilot program for a regional learning center" and                                    
recommended it be replaced with                                                                     

2002-05-15                     Senate Journal                      Page 3571
             SENATE CS FOR HOUSE BILL NO. 239(RLS)                                                  
             "An Act relating to the base student allocation used in                                
             the formula for state funding of public education;                                     
             establishing a pilot program for a regional learning                                   
             center; and providing for an effective date." (Title                                   
             change authorized by SCR 45)                                                           
                                                                                                    
Signing to calendar: Senator Phillips, Chair, Senators Cowdery,                                     
Halford. Signing under other recommendations: Senator Therriault.                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Education and Early                                               
  Development                                                                                       
                                                                                                    
HB 252                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
252(RLS) "An Act relating to the construction of certain statutes                                   
relating to children; relating to the scope of duty and standard of care                            
for persons who provide services to certain children and families;                                  
relating to civil liability for damages to certain children and their                               
families resulting from failure to comply with certain statutes; relating                           
to intensive family preservation services; and providing for an                                     
effective date." Signing to calendar: Senator Phillips, Chair, Senators                             
Therriault, Cowdery. Signing under other recommendations: Senator                                   
Ellis.                                                                                              
                                                                                                    
HB 317                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
317(FIN) "An Act relating to stalking and to violating a protective                                 
order; and amending Rules 4 and 65, Alaska Rules of Civil Procedure,                                
and Rule 9, Alaska Rules of Administration." Signing under other                                    
recommendations: Senator Phillips, Chair, Senator Therriault. Signing                               
to calendar: Senators Ellis, Cowdery.                                                               
                                                                                                    
HB 451                                                                                            
The Rules Committee considered HOUSE BILL NO. 451 am "An Act                                        
relating to municipal bond reimbursement for school construction; and                               
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3572
             SENATE CS FOR HOUSE BILL NO. 451(RLS)                                                  
             "An Act relating to construction, rehabilitation, and                                  
             improvement of schools and education-related                                           
             facilities; relating to municipal bond reimbursement                                   
             for school construction; and providing for an                                          
              effective date." (Title change authorized by SCR 46)                                 
                                                                                                    
Signing to calendar and do pass: Senator Phillips, Chair, Senators                                  
Cowdery, Halford. Signing under other recommendations: Senator                                      
Therriault.                                                                                         
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Education and Early                                         
  Development                                                                                       
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SCR 13                                                                                            
The Rules Committee considered SENATE CONCURRENT                                                    
RESOLUTION NO. 13 Suspending Rules 24(c), 35, 41(b), and 42(e),                                     
Uniform Rules of the Alaska State Legislature, concerning House Bill                                
No. 203, making an appropriation for a study of school district cost                                
factors. Signing to calendar: Senator Phillips, Chair, Senators                                     
Cowdery, Halford, Therriault.                                                                       
                                                                                                    
                                                                                                    
                         Introduction and Reference of                                           
                               Senate Resolutions                                                
                                                                                                    
SCR 45                                                                                            
SENATE CONCURRENT RESOLUTION NO. 45 BY THE                                                          
SENATE RULES COMMITTEE,                                                                             
                                                                                                    
             Suspending Rules 24(c), 35, 41(b), and 42(e),                                          
             Uniform Rules of the Alaska State Legislature,                                         
             concerning HOUSE BILL NO. 239, relating to                                             
             establishing a regional learning center.                                               
                                                                                                    
was read the first time and placed on the Secretary's desk.                                         
                                                                                                    

2002-05-15                     Senate Journal                      Page 3573
SCR 46                                                                                            
SENATE CONCURRENT RESOLUTION NO. 46 BY THE                                                          
SENATE RULES COMMITTEE,                                                                             
                                                                                                    
             Suspending Rules 24(c), 35, 41(b), and 42(e),                                          
             Uniform Rules of the Alaska State Legislature,                                         
             concerning House Bill No. 451, relating to                                             
             reimbursement of municipal bonds for schools.                                          
                                                                                                    
was read the first time and placed on the Secretary's desk.                                         
                                                                                                    
                                                                                                    
                         Consideration of the Calendar                                           
                                                                                                    
                         Second Reading of House Bills                                           
                                                                                                    
SCR 46                                                                                            
SENATE CONCURRENT RESOLUTION NO. 46, which had been                                                 
placed on the Secretary's desk (page 3573) was read the second time                                 
and was before the Senate on final passage.                                                         
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 46 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning House Bill No. 451,                                     
relating to reimbursement of municipal bonds for schools, pass the                                  
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SCR 46                                                                                              
Second - Final Passage                                                                              
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, SENATE CONCURRENT RESOLUTION NO. 46 passed the                                              
Senate.                                                                                             
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    

2002-05-15                     Senate Journal                      Page 3574
HB 451                                                                                            
HOUSE BILL NO. 451 am "An Act relating to municipal bond                                            
reimbursement for school construction; and providing for an effective                               
date" was read the second time.                                                                     
                                                                                                    
Senator Phillips, Chair, moved and asked unanimous consent for the                                  
adoption of the Rules Senate Committee Substitute offered on page                                   
3571. Senator Ellis objected.                                                                       
                                                                                                    
The question being: "Shall the Rules Senate Committee Substitute be                                 
adopted?" The roll was taken with the following result:                                             
                                                                                                    
HB 451(RLS) am                                                                                      
Second Reading                                                                                      
Adopt Rules Committee Substitute?                                                                   
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, SENATE CS FOR HOUSE BILL NO. 451(RLS) "An Act                                               
relating to construction, rehabilitation, and improvement of schools                                
and education-related facilities; relating to municipal bond                                        
reimbursement for school construction; and providing for an effective                               
date" (Title change authorized by SCR 46) was adopted and read the                                  
second time.                                                                                        
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Senator Ellis objected.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
SCS HB 451(RLS)                                                                                     
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3575
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
SENATE CS FOR HOUSE BILL NO. 451(RLS) will be on the May                                            
16 calendar.                                                                                        
                                                                                                    
HB 182                                                                                            
CS FOR HOUSE BILL NO. 182(FIN) am "An Act relating to certain                                       
vehicles, including motorcycles and trailers; relating to the                                       
registration, bonding, and other regulation of motor vehicle dealers;                               
relating to the registration and other regulation of certain motor                                  
vehicle buyers' agents; relating to acts and transactions involving                                 
vehicles, including trailers, and to the acts and practices of certain                              
persons and entities involved in vehicle transactions, including trailer                            
transactions; relating to consumer protection for used vehicle buyers;                              
amending Rule 3, Alaska Rules of Civil Procedure; and providing for                                 
an effective date" was read the second time.                                                        
                                                                                                    
Senator Stevens, Chair, moved and asked unanimous consent for the                                   
adoption of the Labor and Commerce Senate Committee Substitute                                      
offered on page 2972. Senator Ellis objected.                                                       
                                                                                                    
Senator Ellis called the Senate. The call was satisfied.                                            
                                                                                                    
Senator Ellis withdrew his objection. There being no further                                        
objections, SENATE CS FOR CS FOR HOUSE BILL NO. 182(L&C)                                            
was adopted and read the second time.                                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Senator Ellis objected.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3576
SCS CSHB 182(L&C)                                                                                   
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 182(L&C) will be on                                             
the May 16 calendar.                                                                                
                                                                                                    
HB 350                                                                                            
CS FOR HOUSE BILL NO. 350(FIN) am "An Act relating to murder,                                       
conspiracy, criminal mischief, and terroristic threatening; and                                     
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Taylor, Chair, moved and asked unanimous consent for the                                    
adoption of the Judiciary Senate Committee Substitute offered on page                               
3257. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 350(JUD) was adopted and read the second time.                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Senator Ellis objected.                                                                    
                                                                                                    
Senator Halford called the Senate. The call was satisfied.                                          
                                                                                                    
HB 350                                                                                            
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 350(JUD)                                                                                   
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 

2002-05-15                     Senate Journal                      Page 3577
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 350(JUD) will be on                                             
the May 16 calendar.                                                                                
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
move down the Calendar to Third Reading of House Bills. Senator                                     
Ellis objected.                                                                                     
                                                                                                    
The question being: "Shall the Senate Advance to Third Reading of                                   
House Bills?" The roll was taken with the following result:                                         
                                                                                                    
Shall the Senate advance to Third Reading                                                           
of House Bills?                                                                                     
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, the Senate advanced to:                                                                     
                                                                                                    
                          Third Reading of House Bills                                           
                                                                                                    
HB 303                                                                                            
2d CS FOR HOUSE BILL NO. 303(RLS) "An Act relating to taxation                                      
of individual income; and providing for an effective date" was read the                             
third time.                                                                                         
                                                                                                    
Senator Ellis moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 1.                                        
Senator Taylor objected.                                                                            
                                                                                                    
The question being: "Shall the bill be returned to second reading for                               
the purpose of a specific amendment?" The roll was taken with the                                   
following result:                                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3578
2d CSHB 303(RLS)                                                                                    
Third Reading - Final Passage                                                                       
Return to Second for Specific Amendment                                                             
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                      
                                                                                                    
Nays:  Cowdery, Donley, Green, Halford, Kelly, Leman, Phillips,                                     
Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                                
                                                                                                    
and so, the bill was not returned to second reading.                                                
                                                                                                    
The question being: "Shall 2d CS FOR HOUSE BILL NO. 303(RLS)                                        
"An Act relating to taxation of individual income; and providing for an                             
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
2d CSHB 303(RLS)                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  2   NAYS:  18   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Hoffman                                                                           
                                                                                                    
Nays:  Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Kelly,                                 
Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault,                                       
Torgerson, Ward, Wilken                                                                             
                                                                                                    
and so, 2d CS FOR HOUSE BILL NO. 303(RLS) failed.                                                   
                                                                                                    
Senator Wilken gave notice of reconsideration.                                                      
                                                                                                    
HB 447                                                                                            
HOUSE BILL NO. 447 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 447 "An Act relating to                                   
the interest rates that may be charged on loans by the Commercial                                   
Fishing and Agriculture Bank" pass the Senate?" The roll was taken                                  
with the following result:                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3579
                                                                                                    
HB 447                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens,                                  
Taylor, Therriault, Ward, Wilken                                                                    
                                                                                                    
Nays:  Torgerson                                                                                    
                                                                                                    
and so, HOUSE BILL NO. 447 passed the Senate.                                                       
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 56                                                                                             
CS FOR HOUSE BILL NO. 56(FIN) was read the third time.                                              
                                                                                                    
Senator Taylor moved and asked unanimous consent to abstain from                                    
voting because of a conflict of interest. Objections were heard and                                 
Senator Taylor was required to vote.                                                                
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 56(FIN) "An                                        
Act relating to minimum wages; and providing for an effective date"                                 
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSHB 56(FIN)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Donley, Elton, Halford, Hoffman, Lincoln, Olson, Phillips                                    
                                                                                                    
Nays:  Austerman, Cowdery, Davis, Ellis, Green, Kelly, Leman,                                       
Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                                
                                                                                                    
Olson changed from "Nay" to "Yea".                                                                  
                                                                                                    
and so, CS FOR HOUSE BILL NO. 56(FIN) failed.                                                       
                                                                                                    
Senator Kelly gave notice of reconsideration.                                                       
                                                                                                    
HB 296                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 296(JUD) was read                                               
the third time.                                                                                     

2002-05-15                     Senate Journal                      Page 3580
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 296(JUD) "An Act relating to mergers and consolidations of                                      
municipalities" pass the Senate?" The roll was taken with the                                       
following result:                                                                                   
                                                                                                    
SCS CSHB 296(JUD)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Halford, Hoffman,                                  
Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault,                                
Torgerson, Ward                                                                                     
                                                                                                    
Nays:  Elton, Green, Wilken                                                                         
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 296(JUD)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 397                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 397(TRA) was read                                               
the third time.                                                                                     
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSHB 397(TRA)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Elton, Green, Halford,                                    
Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward                                                                         
                                                                                                    
Nays:  Ellis, Wilken                                                                                
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3581
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 397(TRA)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered.                                                       
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 421                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 421(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the following                               
result:                                                                                             
                                                                                                    
SCS CSHB 421(FIN)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens,                                  
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 421(FIN)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 515                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 515(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3582
The question being: "Shall 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" pass the                                 
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SCS CSHB 515(FIN)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Green, Halford,                                    
Kelly, Leman, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward,                               
Wilken                                                                                              
                                                                                                    
Nays:  Elton, Hoffman, Lincoln, Olson                                                               
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 515(FIN)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered.                                                       
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 160                                                                                            
CS FOR HOUSE BILL NO. 160(JUD) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 160(JUD) "An                                       
Act requiring the reporting of induced terminations of pregnancies"                                 
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSHB 160(JUD)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3583
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Nays:  Lincoln                                                                                      
                                                                                                    
and so, CS FOR HOUSE BILL NO. 160(JUD) passed the Senate.                                           
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 208                                                                                            
CS FOR HOUSE BILL NO. 208(RES) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 208(RES) "An                                       
Act relating to aquatic farming of shellfish; and providing for an                                  
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSHB 208(RES)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Hoffman,                                    
Kelly, Leman, Lincoln, Olson, Stevens, Taylor, Therriault, Torgerson,                               
Wilken                                                                                              
                                                                                                    
Nays:  Green, Halford, Phillips, Ward                                                               
                                                                                                    
and so, CS FOR HOUSE BILL NO. 208(RES) passed the Senate.                                           
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered.                                                       
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 504                                                                                            
CS FOR HOUSE BILL NO. 504(FIN) am was read the third time.                                          
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3584
The question being: "Shall CS FOR HOUSE BILL NO. 504(FIN) am                                        
"An Act relating to the wages of people working in the fisheries                                    
business" pass the Senate?" The roll was taken with the following                                   
result:                                                                                             
                                                                                                    
CSHB 504(FIN) am                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Green, Hoffman, Leman, Lincoln, Olson,                                   
Phillips, Stevens, Taylor, Wilken                                                                   
                                                                                                    
Nays:  Davis, Donley, Ellis, Elton, Halford, Kelly, Therriault,                                     
Torgerson, Ward                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 504(FIN) am passed the Senate.                                        
                                                                                                    
Senator Kelly gave notice of reconsideration.                                                       
                                                                                                    
                         Reconsideration of House Bills                                          
                                                                                                    
HB 246                                                                                            
Senator Phillips requested that the reconsideration on SENATE CS                                    
FOR CS FOR HOUSE BILL NO. 246(JUD) am S "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 title                            
insurance, to the Alaska Insurance Guaranty Association, to hospital                                
and medical service corporations, to motor vehicle insurance, and to                                
regulation of insurance producers, agents, brokers, managers, and                                   
adjusters; and providing for an effective date" be taken up. The bill                               
was before the Senate on reconsideration.                                                           
                                                                                                    
Senator Phillips moved that the Senate return to second reading for the                             
purpose of rescinding its previous action in adopting Amendment No.                                 
1. Objections were heard.                                                                           

2002-05-15                     Senate Journal                      Page 3585
President Halford lifted the call.                                                                  
                                                                                                    
                                     Recess                                                      
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to a call of the Chair. Without objection, the Senate                               
recessed at 6:00 p.m.                                                                               
                                                                                                    
                                  After Recess                                                   
                                                                                                    
The Senate reconvened at 9:15 p.m.                                                                  
                                                                                                    
Senator Green called the Senate. The call was satisfied.                                            
                                                                                                    
HB 246                                                                                            
The question being: "Shall the Senate return to second reading for the                              
purpose of rescinding its previous action in adopting Amendment No.                                 
1?" The roll was taken with the following result:                                                   
                                                                                                    
SCS CSHB 246(JUD) am S                                                                              
Third Reading - On Reconsideration                                                                  
Return to Second to Rescind Previous Action                                                         
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Green, Halford, Hoffman, Kelly,                                   
Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault,                                       
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Donley, Ellis, Elton                                                                         
                                                                                                    
and so, the bill was returned to second reading.                                                    
                                                                                                    
Senator Phillips moved that the Senate rescind its previous action in                               
adopting amendment No. 1.                                                                           
                                                                                                    
The question being: "Shall the Senate rescind its previous action?" The                             
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3586
                                                                                                    
SCS CSHB 246(JUD) am S                                                                              
Rescind Previous Action in                                                                          
adopting Amendment No. 1?                                                                           
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Green, Halford, Hoffman, Kelly, Leman,                                     
Lincoln, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward,                             
Wilken                                                                                              
                                                                                                    
Nays:  Cowdery, Donley, Ellis, Elton                                                                
                                                                                                    
and so, the Senate rescinded its previous action.                                                   
                                                                                                    
Amendment No. 1 was before the Senate.                                                              
                                                                                                    
Senator Taylor moved and asked unanimous consent for the adoption                                   
of the following amendment to Amendment No. 1:                                                      
                                                                                                    
Page 37, following line 8, replace existing sec. 60(i) with the                                     
following:                                                                                          
                                                                                                    
  "Sec. 60. AS 21.89.020 is amended by adding a new subsection to                                 
read:                                                                                               
                                                                                                    
 (i) An insurance company offering automobile liability insurance                                   
in this state for personal injury or destruction of property shall initially                        
offer, in writing, to cover the insured person against medical expenses                             
as a result of bodily injury or death resulting from the operation of a                             
motor vehicle. An insured who declines coverage offered under this                                  
subsection shall, at the initial offer, sign a waiver of coverage. Nothing                          
in this subsection affects coverage required to be offered under another                            
provision of law."                                                                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 37, following line 14:                                                                         
 Insert a new bill section to read:                                                                 
  "* Sec. 62. Section 51 of this Act takes effect July 1, 2003."                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   

2002-05-15                     Senate Journal                      Page 3587
Page 37, line 15:                                                                                   
 Delete "This"                                                                                      
 Insert  "Except as provided in sec. 62 of this Act, this"                                          
                                                                                                    
Objections were heard.                                                                              
                                                                                                    
Senator Taylor withdrew his amendment to Amendment No. 1.                                           
                                                                                                    
Senator Donley moved and asked unanimous consent for the adoption                                   
of the following amendment to Amendment No. 1:                                                      
                                                                                                    
In sec. 60:                                                                                         
 Delete "(i)" and replace with the following:                                                       
       "(i) An insurance company offering automobile liability                                      
      insurance in this state for personal injury or destruction of                                 
      property shall initially offer, in writing, to cover the insured                              
      person against medical expenses as a result of bodily injury or                               
      death resulting from the operation of a motor vehicle. An insured                             
      who declines coverage offered under this subsection shall, at the                             
      initial offer, sign a waiver of coverage. Nothing in this subsection                          
      affects coverage required to be offered under another provision of                            
      law."                                                                                         
                                                                                                    
Objections were heard.                                                                              
                                                                                                    
The question being: "Shall the amendment to Amendment No. 1 be                                      
adopted?" The roll was taken with the following result:                                             
                                                                                                    
SCS CSHB 246(JUD) am S                                                                              
Second Reading                                                                                      
Amendment to Amendment No. 1                                                                        
                                                                                                    
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Austerman, Donley, Ellis, Elton, Kelly, Taylor, Therriault,                                  
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Cowdery, Davis, Green, Halford, Hoffman, Leman, Lincoln,                                     
Olson, Phillips, Stevens                                                                            
                                                                                                    
and so, the amendment to Amendment No. 1 failed.                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3588
Senator Donley moved and asked unanimous consent to withdraw                                        
Amendment No. 1. Without objection, it was so ordered.                                              
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 246(JUD) was                                                    
automatically in third reading on reconsideration.                                                  
                                                                                                    
Senator Taylor moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 3.                                    
Senator Green objected.                                                                             
                                                                                                    
The question being: "Shall the bill be returned to second reading for                               
the purpose of a specific amendment?" The roll was taken with the                                   
following result:                                                                                   
                                                                                                    
SCS CSHB 246(JUD)                                                                                   
Third Reading - On Reconsideration                                                                  
Return to Second for Specific Amendment                                                             
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Donley, Kelly, Stevens, Taylor, Therriault, Ward, Wilken                                     
                                                                                                    
Nays:  Austerman, Cowdery, Davis, Ellis, Elton, Green, Halford,                                     
Hoffman, Leman, Lincoln, Olson, Phillips, Torgerson                                                 
                                                                                                    
and so, the bill was not returned to second reading.                                                
                                                                                                    
Senator Taylor moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 4.                                    
Senator Ellis objected.                                                                             
                                                                                                    
The question being: "Shall the bill be returned to second reading for                               
the purpose of a specific amendment?" The roll was taken with the                                   
following result:                                                                                   
                                                                                                    
SCS CSHB 246(JUD)                                                                                   
Third Reading - On Reconsideration                                                                  
Return to Second for Specific Amendment                                                             
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3589
Yeas:  Cowdery, Donley, Green, Kelly, Taylor, Therriault, Wilken                                    
                                                                                                    
Nays:  Austerman, Davis, Ellis, Elton, Halford, Hoffman, Leman,                                     
Lincoln, Olson, Phillips, Stevens, Torgerson, Ward                                                  
                                                                                                    
and so, the bill was not returned to second reading.                                                
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR 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 title                            
insurance, 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" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SCS CSHB 246(JUD)                                                                                   
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                 
Torgerson, Ward                                                                                     
                                                                                                    
Nays:  Kelly, Therriault, Wilken                                                                    
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 246(JUD)                                                
passed the Senate on reconsideration.                                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered and the bill was referred                              
to the Secretary for engrossment.                                                                   
                                                                                                    

2002-05-15                     Senate Journal                      Page 3590
SB 268                                                                                            
Senator Taylor moved and asked unanimous consent that the Senate                                    
rescind its previous action in concurring in the House amendment to                                 
SENATE BILL NO. 268 "An Act relating to the issuance of state-                                      
guaranteed revenue bonds by the Alaska Housing Finance Corporation                                  
to finance mortgages for qualifying veterans; and providing for an                                  
effective date."                                                                                    
                                                                                                    
The question being: "Shall the Senate rescind its previous action?" The                             
roll was taken with the following result:                                                           
                                                                                                    
SB 268 am H                                                                                         
Rescind previous action in concurring with House                                                    
amendment to SB 268?                                                                                
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Lincoln, Olson, Phillips, Stevens, Taylor,                                        
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Kelly, Leman, Therriault                                                                     
                                                                                                    
and so, the Senate rescinded its previous action.                                                   
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
SB 268 am H                                                                                         
Shall the Senate concur in the House                                                                
amendment to SB 268?                                                                                
                                                                                                    
YEAS:  3   NAYS:  17   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Kelly, Leman, Therriault                                                                     
                                                                                                    
Nays:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Lincoln, Olson, Phillips, Stevens, Taylor,                                        
Torgerson, Ward, Wilken                                                                             
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3591
                      Reconsideration of House Resolutions                                       
                                                                                                    
HCR 32                                                                                            
Senator Ellis requested that the reconsideration on HOUSE                                           
CONCURRENT RESOLUTION NO. 32 be taken up. The resolution                                            
was before the Senate on reconsideration.                                                           
                                                                                                    
The question to be reconsidered: "Shall HOUSE CONCURRENT                                            
RESOLUTION NO. 32 Suspending Rules 24(c), 35, 41(b), and 42(e),                                     
Uniform Rules of the Alaska State Legislature, concerning Senate Bill                               
No. 191, relating to insurance pooling by air carriers, pass the Senate?"                           
The roll was taken with the following result:                                                       
                                                                                                    
HCR 32                                                                                              
Second Reading - On Reconsideration                                                                 
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Leman, Lincoln, Olson                                          
                                                                                                    
Nays:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Phillips,                                 
Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                                
                                                                                                    
and so, HOUSE CONCURRENT RESOLUTION NO. 32 failed.                                                  
                                                                                                    
HOUSE CONCURRENT RESOLUTION NO. 32(fld S) was returned                                              
to the House for permanent filing.                                                                  
                                                                                                    
                                                                                                    
                              Unfinished Business                                                
                                                                                                    
HB 53                                                                                             
CS FOR HOUSE BILL NO. 53(STA) "An Act establishing the Alaska                                       
Seismic Hazards Safety Commission" was not taken up on the May 15                                   
calendar. The bill will be on the May 16 calendar.                                                  
                                                                                                    
HB 300                                                                                            
HOUSE BILL NO. 300 "An Act relating to the procurement of certain                                   
travel services" was not taken up on the May 15 calendar. The bill will                             
be on the May 16 calendar.                                                                          
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3592
HB 332                                                                                            
CS FOR HOUSE BILL NO. 332(FIN) "An Act extending the                                                
termination date of the Council on Domestic Violence and Sexual                                     
Assault; relating to the council's duties; placing the executive director                           
and staff of the council in the exempt service; and providing for an                                
effective date" was not taken up on the May 15 calendar. The bill will                              
be on the May 16 calendar.                                                                          
                                                                                                    
HB 344                                                                                            
CS FOR HOUSE BILL NO. 344(STA) "An Act increasing fees for                                          
driver's licenses, instruction permits, and identification cards; and                               
providing for an effective date" was not taken up on the May 15                                     
calendar. The bill will be on the May 16 calendar.                                                  
                                                                                                    
HB 389                                                                                            
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" was not taken up on the                              
May 15 calendar. The bill will be on the May 16 calendar.                                           
                                                                                                    
HB 393                                                                                            
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" was not taken up on the May 15                                     
calendar. The bill will be on the May 16 calendar.                                                  
                                                                                                    
HB 443                                                                                            
CS FOR HOUSE BILL NO. 443(L&C) "An Act retroactively                                                
extending the application and licensing deadlines and amending the                                  
effective date of certain provisions relating to regulation of persons                              
who practice tattooing and permanent cosmetic coloring or body                                      
piercing; and providing for an effective date" was not taken up on the                              
May 15 calendar. The bill will be on the May 16 calendar.                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3593
HB 471                                                                                            
CS FOR HOUSE BILL NO. 471(CRA) "An Act increasing the                                               
maximum amount of loans from the bulk fuel revolving loan fund                                      
operated by the Alaska Energy Authority; relating to the definitions of                             
'net income' and 'unrestricted net income' for purposes of determining                              
the amount of the Alaska Industrial Development and Export                                          
Authority's dividend to the state; relating to communities within which                             
rural development loans may be made by the Alaska Industrial                                        
Development and Export Authority; and providing for an effective                                    
date" was not taken up on the May 15 calendar. The bill will be on the                              
May 16 calendar.                                                                                    
                                                                                                    
HB 499                                                                                            
CS FOR HOUSE BILL NO. 499(JUD) "An Act declaring legislative                                        
intent to reject the continuity of enterprise exception to the doctrine of                          
successor liability adopted in Savage Arms, Inc. v. Western Auto                                    
Supply, 18 P.3d 49 (Alaska 2001) as it relates to products liability;                               
providing that a successor corporation or other business entity that                                
acquires assets of a predecessor corporation or other business entity is                            
subject to liability for harm to persons or property caused by a                                    
defective product sold or otherwise distributed commercially by the                                 
predecessor only if the acquisition is accompanied by an agreement for                              
the successor to assume the liability, results from a fraudulent                                    
conveyance to escape liability for the debts or liabilities of the                                  
predecessor, constitutes a consolidation or merger with the                                         
predecessor, or results in the successor's becoming a continuation of                               
the predecessor; defining 'business entity' that acquires assets to                                 
include a sole proprietorship; and applying this Act to the sale, lease,                            
exchange, or other disposition of assets by a corporation, a limited                                
liability company, a partnership, a limited liability partnership, a                                
limited partnership, a sole proprietorship, or other business entity that                           
occurs before, on, or after the effective date of this Act" was not taken                           
up on the May 15 calendar. The bill will be on the May 16 calendar.                                 
                                                                                                    
HB 501                                                                                            
HOUSE BILL NO. 501 "An Act relating to the use of unclaimed                                         
property to pay court-ordered restitution; and providing for an                                     
effective date" was not taken up on the May 15 calendar. The bill will                              
be on the May 16 calendar.                                                                          
                                                                                                    

2002-05-15                     Senate Journal                      Page 3594
HB 517                                                                                            
CS FOR HOUSE BILL NO. 517(STA) "An Act relating to the                                              
disposition of obsolete or surplus state property" was not taken up on                              
the May 15 calendar. The bill will be on the May 16 calendar.                                       
                                                                                                    
HB 521                                                                                            
CS FOR HOUSE BILL NO. 521(CRA) "An Act relating to municipal                                        
improvement areas" was not taken up on the May 15 calendar. The bill                                
will be on the May 16 calendar.                                                                     
                                                                                                    
HB 524                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 524(FIN) "An Act                                                
relating to the issuance of general obligation bonds for the purpose of                             
paying the cost of design, construction, and major maintenance of                                   
educational and museum facilities; and providing for an effective date"                             
was not taken up on the May 15 calendar. The bill will be on the May                                
16 calendar.                                                                                        
                                                                                                    
HB 525                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 525(FIN) "An Act                                                
providing for and relating to the issuance of state guaranteed                                      
transportation revenue anticipation bonds in a principal amount of not                              
more than $102,805,000 for the purpose of paying the cost of                                        
transportation projects that qualify for federal highway aid and the                                
allocation of those bond proceeds; relating to the issuance of general                              
obligation bonds in a principal amount of not more than $123,914,500                                
for the purpose of paying the cost of state transportation projects; and                            
providing for an effective date" was not taken up on the May 15                                     
calendar. The bill will be on the May 16 calendar.                                                  
                                                                                                    
HB 528                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 528(FIN) "An Act                                                
relating to programs of state reimbursement for debt payments for                                   
certain capital projects; and providing for an effective date" was not                              
taken up on the May 15 calendar. The bill will be on the May 16                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3595
SCR 38                                                                                            
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, was not taken up on the                            
May 15 calendar. The bill will be on the May 16 calendar.                                           
                                                                                                    
                                                                                                    
                                 Announcements                                                   
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                  Engrossment                                                    
                                                                                                    
HB 246                                                                                            
SENATE CS FOR 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 title insurance, 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" was engrossed, signed                               
by the President and Secretary and returned to the House for                                        
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3596
                                  Adjournment                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., May 16, 2002. Without                                        
objection, the Senate adjourned at 10:08 p.m.                                                       
                                                                                                    
                                                                                         Heidi Vogel
                                                                         Secretary of the Senate    
                                                                                                    
                                                                                            May 2002

2002-05-15                     Senate Journal                      Page 3597
                                 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                               
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ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                              STANDING COMMITTEES                                                
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                    FINANCE                                                      
                                                                                                    
May 15             Wednesday                           Senate Finance 532                         
                   -- Call of the Chair --                                                          
                   Bills Previously Heard/Scheduled                                                 
                   -- Teleconference Upon Request --                                                
                                                                                                    
May 16             Thursday                            Senate Finance 532                         
                   -- Call of the Chair --                                                          
                   Bills Previously Heard/Scheduled                                                 
                   -- Teleconference Upon Request --