Legislature(2001 - 2002)

2002-02-20 Senate Journal

Full Journal pdf

2002-02-20                     Senate Journal                      Page 2251
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                February 20, 2002                       
                                                                                                    
                              Thirty-eighth Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 10:59 a.m.                                                                               
                                                                                                    
The roll showed eighteen members present. Senators Austerman,                                       
Torgerson were excused from a call of the Senate.                                                   
                                                                                                    
The prayer was offered by the Chaplain, Reverend C. Ronald Covey                                    
of the Douglas Community United Methodist Church. Senator                                           
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          Honorable Senators, staff, distinguished guests and                                       
          visitors, it is with the deepest respect for the religious                                
          beliefs of each person here that this prayer is offered.                                  
          Let us pray:                                                                              
                                                                                                    
          So many decisions, God. So many things to weigh                                           
          and balance. So many discussions and debates,                                             
          alliances and amendments, as we search for the                                            
          elusive pathway between the greater good and the                                          
          lesser evil.                                                                              
                                                                                                    
          We ask for Your help, God. Strengthen us in mind                                          
          and spirit, grant us wisdom for our words and passion                                     
          for our principles, so that, when the gavel sounds, we                                    
          may know with an inner assurance that what we have                                        
       done is right and true and just.                           Amen.                            
                                                                                                    
Senator Donley led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-20                     Senate Journal                      Page 2252
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the thirty-seventh legislative day and Senate and House Joint                                   
Journal Supplement No. 12 be approved as certified by the Secretary.                                
Without objection, it was so ordered.                                                               
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to the Joint Session. Without objection, the Senate                                 
recessed at 11:01 a.m.                                                                              
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
                          Joint Session in the House                                             
                                                                                                    
Speaker Porter called the House to order and in accordance with                                     
Uniform Rule 51 turned the gavel over to President Halford, who                                     
called the Joint Session to order at 11:13 a.m.                                                     
                                                                                                    
The purpose of the Joint Session was to hear an address by the                                      
Honorable Dana Fabe, Chief Justice of the Alaska Supreme Court.                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the roll call                                  
of the Senate be waived and all members be shown as present.                                        
Without objection, it was so ordered.                                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call of the House be waived and all members be shown as present.                               
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the                                            
following citation be made a special order of business. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-20                     Senate Journal                      Page 2253
                          Special Order of Business                                              
                                                                                                    
In Memoriam - Chief Justice Jay Rabinowitz                                                          
Representative(s) Berkowitz, Kerttula, Porter, Bunde, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green,                               
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                   
Moses, Mulder, Murkowski, Ogan, Rokeberg, Scalzi, Stevens,                                          
Whitaker, Williams, Wilson                                                                          
Senator(s) Halford, Austerman, Cowdery, Davis, Donley, Ellis, Elton,                                
Green, Hoffman, Kelly, Leman, Lincoln, Olson, Stevens, Phillips,                                    
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
Senator Leman moved and asked unanimous consent that the citation                                   
be approved in Joint Session and that all members of the Legislature                                
be shown as cosponsors. Without objection, the citation was adopted                                 
and referred to the Secretary and Chief Clerk for transmittal.                                      
                                                                                                    
President Halford appointed Representative Berkowitz and Senator                                    
Donley to escort Chief Justice Fabe to the Joint Session.                                           
                                                                                                    
The Senate Sergeant at Arms, Christopher S. Miller, announced Chief                                 
Justice Fabe's entrance to the House Chamber.                                                       
                                                                                                    
The Honorable Dana Fabe was escorted to the rostrum and introduced                                  
by President Halford.                                                                               
                                                                                                    
Chief Justice Fabe introduced Justice Robert Eastaugh and Justice                                   
Walter Carpeneti. Chief Justice Fabe also introduced Administrative                                 
Director Stephanie Cole, Deputy Director Chris Christensen and Staff                                
Attorney Doug Wooliver.                                                                             
                                                                                                    
Chief Justice Fabe delivered her address. This address appears in                                   
House and Senate Joint Journal Supplement No. 13.                                                   
                                                                                                    
Chief Justice Fabe received a standing ovation and was escorted from                                
the chamber by Senator Donley and Representative Berkowitz.                                         
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-20                     Senate Journal                      Page 2254
Senator Leman moved and asked unanimous consent that the Joint                                      
Session stand in adjournment. Without objection, President Halford                                  
adjourned the Joint Session at 11:41 a.m.                                                           
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
                                In the Senate                                                    
                                                                                                    
The Senate reconvened at 12:46 p.m.                                                                 
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated February 19 was read, stating the House passed and                                    
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HJR 33                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 33(MLV) am BY THE                                                 
HOUSE SPECIAL COMMITTEE ON MILITARY AND                                                             
VETERANS' AFFAIRS,                                                                                  
                                                                                                    
          Expressing gratitude to President George W. Bush, to                                      
          the President's cabinet, to the men and women of the                                      
          United States armed forces, and to the United States                                      
          Congress and declaring support for the war on                                             
          terrorism and for the President's effort to support                                       
          democracies and promote peace worldwide.                                                  
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
HJR 37                                                                                            
HOUSE JOINT RESOLUTION NO. 37 BY REPRESENTATIVES                                                    
KOTT, Ogan, Hudson, Mulder, Rokeberg,                                                               
                                                                                                    
                  Congratulating Alaska Airlines on its 70th                                       
          Anniversary.                                                                              

2002-02-20                     Senate Journal                      Page 2255
was read the first time and referred to the Transportation Committee.                               
                                                                                                    
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 171                                                                                            
CS FOR HOUSE BILL NO. 171(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
             "An Act relating to a curriculum for Alaska history;                                  
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
Senators Olson, Halford were added as cross sponsors on the bill.                                   
                                                                                                    
HB 362                                                                                            
HOUSE BILL NO. 362 BY REPRESENTATIVES MURKOWSKI,                                                    
Kerttula, entitled:                                                                                 
                                                                                                    
             "An Act extending the termination date of the Board                                   
          of Governors of the Alaska Bar Association."                                              
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Alaska Juvenile Justice Advisory Committee, Annual Report 2001                                      
from Tom Begich, Chair                                                                              
in  accordance  with  the  U.S.  Juvenile  Justice  and  Delinquency                                
Prevention Act of 1974, as amended in 1992                                                          
                                                                                                    
Nonresidents Working in Alaska - 2000, Alaska Department of Labor                                   
and Workforce Development                                                                           
from Ed Flanagan, Commissioner                                                                      
in accordance with AS 36.10.130                                                                     

2002-02-20                     Senate Journal                      Page 2256
Directory of Approved Alcoholism and Drug Abuse Programs,                                           
January 2002                                                                                        
from Marilee Fletcher, Manager, Policy and Program Development,                                     
Department of Health and Social Services                                                            
in accordance with AS 47.37.140(c)                                                                  
                                                                                                    
Annual Report for the Division of Juvenile Justice, Department of                                   
Health and Social Services Fiscal Year 2001                                                         
from George Buhite, Director                                                                        
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 87                                                                                             
The State Affairs Committee considered SENATE BILL NO. 87 "An                                       
Act providing special absentee ballots for voters in remote areas."                                 
Signing no recommendation: Senator Therriault, Chair. Signing do                                    
pass: Senators Davis, Stevens, Phillips.                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Office of the Governor                                                    
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SB 253                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
253 "An Act extending the termination date of the Regulatory                                        
Commission of Alaska; and providing for an effective date." Signing                                 
do pass: Senator Stevens, Chair, Senators Austerman, Davis, Leman.                                  
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
President Halford added a Finance Committee referral to the bill.                                   
                                                                                                    
The bill was referred to the Judiciary, then Finance Committees.                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-20                     Senate Journal                      Page 2257
SB 260                                                                                            
The Transportation Committee considered SENATE BILL NO. 260                                         
"An Act relating to historic and antique motor vehicles; and providing                              
for an effective date." Signing do pass: Senator Cowdery, Chair,                                    
Senators Wilken, Taylor, Elton.                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 265                                                                                            
The Transportation Committee considered SENATE BILL NO. 265                                         
"An Act relating to physician assistants; providing that a physician                                
assistant is a health care provider covered by certain laws relating to                             
medical malpractice actions; adding physician assistants to the list of                             
providers against whom unfair discrimination relating to health care                                
insurance is prohibited and to the list of providers who can provide                                
proof of disablement or handicap for the purpose of obtaining a special                             
parking permit; and providing for an effective date" and recommended                                
it be replaced with                                                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 265(TRA) "An Act                                                   
          relating to physician assistants; providing that a                                        
          physician assistant is a health care provider covered                                     
          by certain laws relating to medical malpractice                                           
          actions; adding physician assistants to the list of                                       
          providers against whom unfair discrimination relating                                     
          to health care insurance is prohibited and to the list of                                 
          providers who can provide proof of disablement or                                         
          handicap for the purpose of motor vehicle registration                                    
          or for the purpose of obtaining a special license plate                                   
          or a special parking permit; and providing for an                                         
          effective date."                                                                          
                                                                                                    
Signing do pass: Senator Cowdery, Chair, Senators Wilken, Taylor,                                   
Elton.                                                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       

2002-02-20                     Senate Journal                      Page 2258
The bill was referred to the Labor and Commerce Committee.                                          
                                                                                                    
SCR 23                                                                                            
The State Affairs Committee considered SENATE CONCURRENT                                            
RESOLUTION NO. 23 Relating to declaring April 6, 2002, as Alaska                                    
Tartan Day. Signing do pass: Senator Therriault, Chair, Senators                                    
Phillips, Stevens.                                                                                  
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Senate State Affairs Committee                                            
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 68                                                                                             
The Transportation Committee considered CS FOR SPONSOR                                              
SUBSTITUTE FOR HOUSE BILL NO. 68(JUD)(efd am) "An Act                                               
relating to accidents involving the vehicle of a person under the                                   
influence of an alcoholic beverage; and providing for an effective                                  
date." Signing do pass: Senator Cowdery, Chair. Signing no                                          
recommendation: Senators Wilken, Elton. Signing do not pass:                                        
Senator Taylor.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 359                                                                                            
The Finance Committee considered HOUSE BILL NO. 359 "An Act                                         
making a supplemental appropriation for tourism marketing efforts;                                  
and providing for an effective date" and recommended it be replaced                                 
with                                                                                                
                                                                                                    
                    SENATE CS FOR HOUSE BILL NO. 359(FIN)                                          
                                                                                                    
with a House Letter of Intent (House Journal page 2112).                                            
                                                                                                    
Signing do pass: Senator Kelly, Cochair, Senators Wilken, Leman.                                    
Signing no recommendation: Senator Donley, Cochair, Senator Green.                                  
Signing do not pass: Senator Austerman.                                                             

2002-02-20                     Senate Journal                      Page 2259
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 244                                                                                            
The Rules Committee considered SENATE BILL NO. 244 "An Act                                          
extending the termination date of the Board of Examiners in                                         
Optometry; and relating to optometrists" and recommended it be                                      
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 244(RLS)                                                           
                                                                                                    
Signing to calendar: Senator Phillips, Chair, Senators Ellis, Therriault.                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 257                                                                                            
The Rules Committee considered SENATE BILL NO. 257 "An Act                                          
extending the termination date of the Board of Professional                                         
Counselors." Signing to calendar: Senator Phillips, Chair, Senators                                 
Therriault, Ellis.                                                                                  
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 41                                                                                            
SENATE JOINT RESOLUTION NO. 41 BY THE SENATE                                                        
TRANSPORTATION COMMITTEE,                                                                           
                                                                                                    
             Relating to reconstruction and paving of the Alaska                                   
          Highway.                                                                                  
                                                                                                    
was read the first time and referred to the Transportation Committee.                               
                                                                                                    
                                                                                                    

2002-02-20                     Senate Journal                      Page 2260
SJR 42                                                                                            
SENATE JOINT RESOLUTION NO. 42 BY THE SENATE                                                        
RESOURCES COMMITTEE BY REQUEST OF THE JOINT                                                         
COMMITTEE ON NATURAL GAS PIPELINES,                                                                 
                                                                                                    
          Urging the President of the United States, the United                                     
          States Congress, and appropriate federal officials to                                     
          support the construction and operation of the Alaska                                      
          Highway Natural Gas Pipeline route.                                                       
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 336                                                                                            
SENATE BILL NO. 336 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act giving notice of and approving the entry                                          
          into, and the issuance of, certificates of participation                                  
          for the upgrade, expansion, and replacement of                                            
          certain correctional facilities and jails; giving notice                                  
          of and approving the entry into, lease-financing                                          
          agreements for certain of those projects; and                                             
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary and                            
Finance Committees.                                                                                 
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Revenue                                                           
                                                                                                    
Governor's transmittal letter dated February 19:                                                    
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
This bill I transmit today addresses the critical need to expand our                                
correctional facilities in the state. This bill provides for the expansion                          
of approximately one-third of Alaska's prisons, jails, and community                                
jails and authorizes the issuance of about $117 million in certificates                             
of participation for project funding.                                                               
                                                                                                    

2002-02-20                     Senate Journal                      Page 2261
In 1995, my Criminal Justice Cabinet formulated a three-part strategy                               
to address the problem presented by the state's burgeoning prison and                               
jail populations. The plan involves reducing the number of low-risk                                 
offenders who enter the state's correctional facilities, decreasing the                             
length of time spent by low risk-offenders in correctional facilities,                              
and increasing the population capacity of our facilities.                                           
                                                                                                    
House Bill 53, passed in 1998, authorized funding for the construction                              
of a new 400-bed municipal jail in Anchorage. When I signed HB 53                                   
into law, I called it a "good first step" toward addressing Alaska's                                
regional corrections needs. The Anchorage jail project is now virtually                             
complete and is scheduled to open in April of this year. The time has                               
come to address our remaining correctional needs.                                                   
                                                                                                    
The expansion of the Palmer and Spring Creek prisons will add just                                  
over 400 beds to our statewide capacity. These beds are needed to                                   
keep pace with our increasing number of prisoners and to enable the                                 
state to return prisoners from out of state facilities. The Spring Creek                            
project is especially important because it will expand the state's                                  
Youthful Offender Program to create more room for young offenders                                   
who can benefit from special education program designed to reduce                                   
their risks of re-offending. The combined costs of construction for                                 
these projects, which can be completed by 2005, are estimated at $68.6                              
million, while the increased annual operating costs for these facilities                            
are estimated at $14.0 million. The department is now incurring                                     
contractual costs to house these inmates out of state.                                              
                                                                                                    
This bill also authorizes the expansion state facilities in Bethel and                              
Fairbanks, which would add about 150 beds to the statewide jail                                     
system at a total construction cost of about $28 million.                                           
                                                                                                    
Bethel is a regional hub and prisoners from throughout the Yukon-                                   
Kuskokwim Delta are housed at the Yukon Kuskokwim Correctional                                      
Center (YKCC). The jail was built for 88 inmates, but has historically                              
housed nearly 130 prisoners. The department is now keeping it under                                 
its legal capacity of 92 inmates only by sending many Bethel inmates                                
to other facilities. This bill authorizes the financing needed to expand                            
YKCC by 96 beds. The costs of construction, which can be completed                                  
by 2005, are estimated at $17.5 million, while the increased annual                                 
operating costs for the facility will be about $5.6 million.                                        

2002-02-20                     Senate Journal                      Page 2262
The Fairbanks Correctional Center has historically been overcrowded                                 
by as much as 26% of its capacity. This condition is partially the result                           
of statewide overcrowding, but it is largely due to the demands placed                              
on the facility as a regional jail. As with Bethel, efforts to keep the                             
Fairbanks facility under its legal capacity of 211 inmates are only                                 
achieved by routinely transferring inmates to other facilities. This bill                           
authorizes the financing needed to expand the Fairbanks facility by 60                              
beds. The costs of construction, which should be completed by 2005,                                 
are estimated at $10.6 million, while the increased annual operating                                
costs is estimated at $1.9 million.                                                                 
                                                                                                    
Many of the state's remaining prisons and jails are in need of                                      
expansion as well. This bill acknowledges that these projects are just                              
the first phase of what should be a three-phase undertaking. By the                                 
time these projects are completed, the state will need to expand the                                
Mat-Su pretrial facility, the new Anchorage Jail, and the Pt.                                       
MacKenzie facility to add approximately 380 beds. This bill                                         
authorizes $4.1 million in funds for the design costs associated with                               
these projects. After that, it will be necessary to add approximately                               
375 beds to the state's prison in Wildwood, and its regional facilities                             
in Lemon Creek and Ketchikan.                                                                       
                                                                                                    
The third component of this legislation authorizes matching funds for                               
the expansion of four community jails, also known as "contract jails".                              
State prisoners are held in 15 different jails owned and operated by                                
local governments in communities that do not have state correctional                                
facilities. The state contracts with these facilities for the services they                         
provide in holding state prisoners on a short-term basis.                                           
                                                                                                    
The community jail facilities at Kodiak, Kotzebue, Dillingham, and                                  
the North Slope Borough are especially deteriorated and overcrowded.                                
The overflow of inmates from these communities creates pressure on                                  
the state's facilities in Anchorage, Nome, and Fairbanks. This                                      
legislation authorizes up to $16 million in matching funds for capital                              
projects that will increase the capacity of these community jails. It is                            
incumbent upon the communities to match the state's funds for these                                 
projects. Kotzebue has already obtained authorization for $4 million in                             
federal funds to be used for the expansion of their jail.                                           
                                                                                                    
                                                                                                    

2002-02-20                     Senate Journal                      Page 2263
The state anticipates these capital projects will increase the capacity of                          
these community jails as follows: replacing the 8-bed facility in                                   
Dillingham with a new 25-bed facility; replacing the existing 16-bed                                
facility in Kodiak with a new 20-bed facility; adding 26 beds to the                                
existing 14-bed facility in Kotzebue; and replacing the existing 9-bed                              
facility in the North Slope Borough with a 20-bed facility. The                                     
increase in operating costs for these facilities is $850,000 for                                    
Dillingham; $350,000 for Kodiak; $1.1 million for Kotzebue; and $1                                  
million for the North Slope Borough.                                                                
                                                                                                    
Our correctional system is continuing to bend under the strain of                                   
overcrowding. In the last ten years the average daily population has                                
risen steadily, from 2,636 to 4,377 prisoners. The trend is continuing                              
and it is essential that we take further measures to keep up with this                              
growth. This bill continues to implement the Department of                                          
Corrections' multi-faceted plan to address the in-state needs for our                               
correctional facilities.                                                                            
                                                                                                    
I urge your prompt and favorable action on this bill.                                               
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
SB 337                                                                                            
SENATE BILL NO. 337 BY THE SENATE FINANCE                                                           
COMMITTEE, entitled:                                                                                
                                                                                                    
            "An Act relating to eligibility for an exemption from                                  
               municipal property taxes for certain seniors and                                    
          disabled veterans."                                                                       
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 338                                                                                            
SENATE BILL NO. 338 BY THE SENATE FINANCE                                                           
COMMITTEE, entitled:                                                                                
                                                                                                    
                                                                                                    

2002-02-20                     Senate Journal                      Page 2264
          "An Act making certain individuals convicted of                                           
          crimes ineligible for permanent fund dividends and                                        
          relating to certain payments of compensation from                                         
          the crime victim compensation fund; and providing                                         
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 339                                                                                            
SENATE BILL NO. 339 BY THE SENATE FINANCE                                                           
COMMITTEE, entitled:                                                                                
                                                                                                    
                "An Act increasing fines for certain criminal                                      
          offenses."                                                                                
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 244                                                                                            
SENATE BILL NO. 244 "An Act extending the termination date of                                       
the Board of Examiners in Optometry; and relating to optometrists"                                  
was read the second time.                                                                           
                                                                                                    
Senator Phillips, Chair, moved for the adoption of the Rules                                        
Committee Substitute offered on page 2259. Senator Leman objected,                                  
then withdrew his objection. There being no further objections, CS                                  
FOR SENATE BILL NO. 244(RLS) was adopted and read the second                                        
time.                                                                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 244(RLS) was read the third time.                                            
                                                                                                    
                                                                                                    

2002-02-20                     Senate Journal                      Page 2265
The question being: "Shall CS FOR SENATE BILL NO. 244(RLS)                                          
"An Act extending the termination date of the Board of Examiners in                                 
Optometry; and relating to optometrists" pass the Senate?" The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSSB 244(RLS)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  1   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Donley, Ellis, Elton, Halford, Hoffman, Kelly,                               
Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault, Ward,                                 
Wilken                                                                                              
                                                                                                    
Nays:  Green                                                                                        
                                                                                                    
Excused:  Austerman, Torgerson                                                                      
                                                                                                    
and so, CS FOR SENATE BILL NO. 244(RLS) passed the Senate and                                       
was referred to the Secretary for engrossment.                                                      
                                                                                                    
SB 257                                                                                            
Senator Phillips moved SENATE BILL NO. 257 "An Act extending                                        
the termination date of the Board of Professional Counselors" be                                    
returned to the Rules Committee. Without objection, the bill was                                    
returned to the Rules Committee.                                                                    
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Jim and Jeannette James, 54th Wedding Anniversary                                        
Senator(s) Therriault, Phillips, Ward, Halford, Hoffman, Ellis,                                     
Stevens, Green, Kelly, Taylor, Austerman, Lincoln, Davis, Elton,                                    
Leman, Wilken, Cowdery                                                                              
                                                                                                    
Honoring - Tom Layou, Eagle Scout                                                                   
Representative(s) Rokeberg                                                                          
Senator(s) Stevens, Hoffman, Ellis, Halford, Green, Kelly, Taylor,                                  
Austerman, Lincoln, Davis, Elton, Leman, Wilken, Donley, Therriault                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-20                     Senate Journal                      Page 2266
Honoring - Michael L. Lakin                                                                         
Representative(s) James                                                                             
Senator(s) Elton, Hoffman, Stevens, Halford, Green, Kelly, Taylor,                                  
Austerman, Lincoln, Davis, Leman, Wilken, Therriault                                                
                                                                                                    
Honoring - Harry Davis                                                                              
Representative(s) Hayes                                                                             
Senator(s) Wilken, Hoffman, Stevens, Halford, Green, Kelly, Taylor,                                 
Austerman, Lincoln, Davis, Elton, Leman                                                             
                                                                                                    
Honoring - William I. Nottingham                                                                    
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Hoffman, Stevens, Halford, Green, Kelly, Taylor,                                
Austerman, Davis, Elton, Leman, Wilken, Therriault                                                  
                                                                                                    
In Memoriam - Reverend Tchernavia M. Williams                                                       
Senator(s) Davis, Hoffman, Stevens, Halford, Green, Kelly, Taylor,                                  
Austerman, Lincoln, Elton, Leman, Wilken, Donley, Therriault                                        
                                                                                                    
In Memoriam - Sara Machetanz                                                                        
Senator(s) Green, Ward, Hoffman, Stevens, Halford, Kelly, Taylor,                                   
Austerman, Lincoln, Davis, Elton, Leman, Wilken, Donley, Therriault                                 
                                                                                                    
In Memoriam - Officer Justin Todd Wollam                                                            
Representative(s) McGuire                                                                           
Senator(s) Leman, Ward, Hoffman, Halford, Green, Kelly, Taylor,                                     
Austerman, Lincoln, Davis, Elton, Wilken, Donley, Cowdery, Stevens,                                 
Therriault                                                                                          
                                                                                                    
In Memoriam - Hester Evan                                                                           
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Hoffman, Halford, Green, Kelly, Taylor,                                         
Austerman, Davis, Elton, Leman, Wilken, Stevens, Therriault                                         
                                                                                                    
In Memoriam - Rosemarie Maher                                                                       
Representative(s) Morgan, Hayes                                                                     
Senator(s) Lincoln, Wilken, Hoffman, Ellis, Halford, Green, Kelly,                                  
Taylor, Austerman, Davis, Elton, Leman, Stevens, Therriault                                         
                                                                                                    
In Memoriam - Joe Quinn                                                                             
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Hoffman, Halford, Green, Kelly, Taylor,                                         
Austerman, Davis, Elton, Leman, Wilken, Stevens, Therriault                                         

2002-02-20                     Senate Journal                      Page 2267
Senator Leman moved and asked unanimous consent that the citations                                  
be adopted. Without objection, the citations were adopted and referred                              
to the Secretary for transmittal.                                                                   
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Olson moved and asked unanimous consent to be excused                                       
from a call of the Senate on February 22. Without objection, Senator                                
Olson was excused.                                                                                  
                                                                                                    
Senator Wilken moved and asked unanimous consent to be excused                                      
from a call of the Senate on February 22 and March 1. Without                                       
objection, Senator Wilken was excused.                                                              
                                                                                                    
Senator Kelly moved and asked unanimous consent to amend his                                        
previous motion (page 2243) to be excused from a call of the Senate                                 
from February 22 through morning plane time, February 25. Without                                   
objection, Senator Kelly was excused.                                                               
                                                                                                    
President Halford made the following appointments:                                                  
                                                                                                    
 Ombudsman Selection Committee                                                                    
 Senator Phillips, Cochair                                                                          
 Senator Stevens                                                                                    
 Senator Ellis                                                                                      
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 244                                                                                            
CS FOR SENATE BILL NO. 244(RLS) "An Act extending the                                               
termination date of the Board of Examiners in Optometry; and relating                               
to optometrists" was engrossed, signed by the President and Secretary                               
and transmitted to the House for consideration.                                                     

2002-02-20                     Senate Journal                      Page 2268
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., February 22, 2002. Without                                   
objection, the Senate adjourned at 1:10 p.m.                                                        
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                               February 2002                        

2002-02-20                     Senate Journal                      Page 2269
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
Feb 20        Wednesday                    Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 22        Friday                       Fahrenkamp 203             1:30 PM                     
+ SJR 34 DISAPPROVE HOMER BOUNDARY CHANGES                                                          
              <Testimony by Invitation Only>                                                        
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Feb 20        Wednesday                 Senate Finance 532            9:00 AM                     
              Joint w/(H) Finance-                                                                  
              State of the University                                                               
     SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                    
     SB 245 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                    
     SB 288 APPROP:MENTAL HEALTH BUDGET                                                             
     SB 246 APPROP:MENTAL HEALTH BUDGET                                                             
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 21        Thursday                  Senate Finance 532            9:30 AM                     
     SB  11 COMPULSORY SCHOOL AGE                                                                   
     SB 140 SMALL WATER-POWER DEVELOPMENT PROJECTS                                                  
     HB 349 AGENCY PROGRAM AND FINANCIAL PLANS                                                      
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 22        Friday                    Senate Finance 532            9:00 AM                     
= SB 291 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
= SB 292 SUPPLEMENTAL APPROPRIATIONS                                                                
              Bills Previously Heard/Scheduled                                                      

2002-02-20                     Senate Journal                      Page 2270
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Feb 20        Wednesday                       Butrovich 205           1:30 PM                     
= SB 250 SCHOOL PERFORMANCE REPORTS                                                                 
= SB 256 CERTIFICATE OF NEED PROGRAM                                                                
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 22        Friday                          Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
     SB 293 ALASKA TEMPORARY ASSISTANCE PROGRAM                                                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Feb 20        Wednesday                             Beltz 211         1:30 PM                     
+ HB  40 REVOKE DRIVER'S LIC. FOR FATAL ACCIDENT                                                    
+ SB 273 EXTEND BOARD OF GOVERNORS OF AK BAR ASSN                                                   
+ SCR 25 FISH & WILDLIFE PUBLIC TRUST/ANILCA SUIT                                                   
                                                                                                    
Feb 22        Friday                                Beltz 211         1:30 PM                     
              -- Meeting Rescheduled --                                                             
= SB 248 EXTENDING COUNCIL ON DOMESTIC VIOLENCE                                                     
              <Bill Postponed to 2/25/02>                                                           
                                                                                                    
Feb 25        Monday                                Beltz 211         1:30 PM                     
+= SB 248 EXTENDING COUNCIL ON DOMESTIC VIOLENCE                                                    
              <Bill Rescheduled from 2/22/02>                                                       
+= HB 111 CIVIL LIABILITY AND LIVESTOCK                                                             
                                                                                                    
Feb 27        Wednesday                             Beltz 211         1:30 PM                     
+ HB 196 RIGHT OF ACTION FOR LEGAL SEPARATION                                                       
                                                                                                    
Mar 01        Friday                                Beltz 211         1:30 PM                     
+= SB 204 WILDFIRES AND NATURAL DISASTERS                                                           
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Feb 21        Thursday                              Beltz 211         1:30 PM                     
+ HB 291 LICENSING OF RESIDENTIAL CONTRACTORS                                                       
+ HB 245 MARITAL & FAMILY THERAPISTS                                                                
+ SB 235 EMERGENCY MANAGEMENT ASSISTANCE COMPACT                                                    
+ SB 267 ALASKA VETERANS' MEM.ENDOWMENT FUND                                                        

2002-02-20                     Senate Journal                      Page 2271
                                  RESOURCES                                                      
                                                                                                    
Feb 20        Wednesday                       Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 22        Friday                          Butrovich 205           3:30 PM                     
+= SB 141 AQUATIC FARMS FOR SHELLFISH                                                               
+= SB 266 FISHERY ENHANCEMENT LOANS                                                                 
+ SB 277 DEFINITIONS OF FISHERIES BUSINESSES                                                        
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
Feb 21        Thursday                     Fahrenkamp 203           11:00 AM                      
     SB 242 CONCEALED HANDGUN PERMITTEES                                                            
     SB 260 HISTORIC/ANTIQUE MOTOR VEHICLES                                                         
     SJR 31 TAX EXEMPT BONDS TO FUND VETERANS LOANS                                                 
     SCR 22 SOBRIETY AWARENESS MONTH                                                                
     SCR 23 ALASKA TARTAN DAY                                                                       
     SCR 27 RECESS OF THE LEGISLATURE: LATE MARCH                                                   
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Feb 21        Thursday                              Beltz 211         3:30 PM                     
= SJR 13 CONST. AM: PERMANENT FUND                                                                  
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Feb 21        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 22        Friday                    Anch Lio Conf Rm            10:00 AM                      
+             -- Time and Location Change --                                                        
              Problems Associated with the Construction                                             
              Claim Processes set forth in AK                                                       
              Procurement Code                                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-20                     Senate Journal                      Page 2272
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                        EDUCATION & EARLY DEVELOPMENT                                            
                                                                                                    
Feb 21        Thursday                     Terry Miller 104           3:30 PM                     
              Discussion on Child Care Issues:                                                      
              Yvonne Chase, Deputy Commissioner, DEED                                               
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
Mar 01        Friday                             Capitol 102          8:30 AM                     
              Proposed Regulations for Special Schools                                              
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Feb 20        Wednesday                Speaker's Chamber              1:15 PM                     
              Information Technology Subcommittee Mtg.                                              
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                               ANCHORAGE CAUCUS                                                  
                                                                                                    
Feb 23        Saturday                  Assembly Chamber            10:00 AM                      
              Presentations:                                                                        
              AK Railroad Corporation                                                               
              University of Alaska Anchorage                                                        
              Ted Stevens International Airport                                                     
              Child Advocacy Team                                                                   
              Municipality of Anch: Mayor, Assembly,                                                
              Port of Anch, Anch 2020-Town Centers                                                  
              University Medical District:                                                          
              Providence Medical Center,                                                            
              Alaska Regional Hospital,                                                             
              Alaska Native Tribal Health Consortium,                                               
              Alaska Psychiatric Institute                                                          
              North Star Behavioral Health System                                                   
              Public testimony will be taken                                                        
              <Mtg location: Loussac Library-Anchorage>                                             
                   ----------------------------------------                                        

2002-02-20                     Senate Journal                      Page 2273
                                 FISH CAUCUS                                                     
                                                                                                    
Feb 21        Thursday                        Butrovich 205          12:00 PM                     
              Shellfish Mariculture in Alaska: Economic                                             
              Opportunities for Coastal Residents                                                   
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Feb 20        Wednesday                    House Chamber            11:00 AM                      
              Chief Justice Dana Fabe