Legislature(2001 - 2002)

2002-03-25 Senate Journal

Full Journal pdf

2002-03-25                     Senate Journal                      Page 2515
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Monday                    March 25, 2002                       
                                                                                                    
                              Seventy-first Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:10 a.m.                                                                               
.                                                                                                   
The roll showed eighteen members present. Senators Hoffman, Kelly                                   
were absent.                                                                                        
                                                                                                    
The prayer was offered by the Chaplain, Senator Davis. Senator                                      
Cowdery moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          Keep us, O God, from pettiness. Let us be large in                                        
             thought, in word, in deed. Let us be done with fault-                                 
          finding and leave off self-seeking. May we put away                                       
          all pretense and meet each other face to face without                                     
          self-pity and without prejudice. May we never be                                          
          hasty in judgment, and always generous. Let us take                                       
          time for all things. Make us to grow calm, serene,                                        
          gentle. Teach us to put into action our better impulses                                   
          straightforward and unafraid. Grant that we may                                           
          realize it is the little things that create differences,                                  
          that in the big things of life, we are one. And may we                                    
          strive to touch and to know the great common human                                        
          heart of us all. And O God, let us forget not to be                                       
      kind. (Mary Stewart)                                         Amen.                           
                                                                                                    
Senator Ward led the Senate in the Pledge of Allegiance.                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-25                     Senate Journal                      Page 2516
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journals                                   
for the sixty-eighth through seventieth legislative days be approved as                             
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated March 22 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 209                                                                                            
CS FOR HOUSE BILL NO. 209(HES) BY THE HOUSE HEALTH,                                                 
EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled:                                                  
                                                                                                    
          "An Act directing the Department of Health and                                            
          Social Services to establish a foster care transition                                     
          program; relating to that program; and providing for                                      
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
HB 305                                                                                            
CS FOR HOUSE BILL NO. 305(STA) am BY THE HOUSE STATE                                                
AFFAIRS COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act prohibiting certain state employment, a                                           
          student loan, or a permanent fund dividend for a                                          
          person who fails to register for the military selective                                   
          service; and providing for an effective date."                                            
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-25                     Senate Journal                      Page 2517
HB 405                                                                                            
HOUSE BILL NO. 405 BY REPRESENTATIVES MEYER, Dyson,                                                 
Kookesh, Croft, McGuire, Crawford, Kerttula, Guess, entitled:                                       
                                                                                                    
          "An Act relating to the prosecution of criminal                                           
          offenses committed on or against ferries and other                                        
          watercraft owned or operated by the state; and                                            
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Transportation and Judiciary                            
Committees.                                                                                         
                                                                                                    
HB 470                                                                                            
CS FOR HOUSE BILL NO. 470(L&C)(title am) BY THE HOUSE                                               
LABOR AND COMMERCE COMMITTEE, entitled:                                                             
                                                                                                    
                "An Act relating to public offering statements                                     
                  required under the Uniform Common Interest                                       
          Ownership Act; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
                                Communications                                                   
                                                                                                    
The following Budget and Audit Report was received from Pat                                         
Davidson, Legislative Auditor, in accordance with AS 24.20.311 and                                  
is on file in the Office of the Secretary of the Senate:                                            
                                                                                                    
Alaska Court System, Judicial Salary Affidavits, November 13, 2001                                  
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 270                                                                                            
The Finance Committee considered SENATE BILL NO. 270 "An Act                                        
extending the termination date of the Board of Dispensing Opticians;                                
relating to the regulation of dispensing opticians; and providing for an                            
effective date" and recommended the adoption of the Labor and                                       
Commerce Committee Substitute offered on page 2222.                                                 

2002-03-25                     Senate Journal                      Page 2518
                                                                                                    
Signing do pass: Senator Kelly, Cochair, Senators Austerman, Olson,                                 
Wilken, Leman. Signing no recommendation: Senator Donley,                                           
Cochair, Senators Green, Ward.                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 306                                                                                            
Forthcoming State Affairs Committee Substitute (page 2492) for                                      
SENATE BILL NO. 306 "An Act establishing the Prescription Drug                                      
Assistance Task Force; and providing for an effective date" was                                     
received today.                                                                                     
                                                                                                    
SB 342                                                                                            
The Finance Committee considered SENATE BILL NO. 342 "An Act                                        
relating to the long term care ombudsman" and recommended the                                       
adoption of the Health, Education and Social Services Committee                                     
Substitute offered on page 2415.                                                                    
                                                                                                    
Signing do pass: Senator Kelly, Cochair, Senators Green, Austerman,                                 
Wilken, Leman, Ward. Signing no recommendation: Senator Donley,                                     
Cochair, Senator Olson.                                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
The presence of Senator Kelly was noted.                                                            
                                                                                                    
SB 339                                                                                            
The Rules Committee considered SENATE BILL NO. 339 "An Act                                          
increasing fines for certain criminal offenses." Signing to calendar:                               
Senator Phillips, Chair, Senators Therriault, Halford, Cowdery.                                     
                                                                                                    
The bill is on today's calendar.                                                                    

2002-03-25                     Senate Journal                      Page 2519
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 352                                                                                            
SENATE BILL NO. 352 BY THE SENATE STATE AFFAIRS                                                     
COMMITTEE, entitled:                                                                                
                                                                                                    
                "An Act relating to the assessment of farm or                                      
            agricultural land for purposes of municipal taxation;                                  
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs Committee.                                                                                  
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 339                                                                                            
SENATE BILL NO. 339 "An Act increasing fines for certain criminal                                   
offenses" was 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, then withdrew his objection. There                                 
being no further objections, it was so ordered.                                                     
                                                                                                    
SENATE BILL NO. 339 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 339 "An Act                                              
increasing fines for certain criminal offenses" pass the Senate?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SB 339                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Ellis, Elton, Green, Halford,                                    
Kelly, Leman, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson,                              
Ward, Wilken                                                                                        
                                                                                                    
Nays:  Davis, Lincoln                                                                               
                                                                                                    

2002-03-25                     Senate Journal                      Page 2520
Absent:  Hoffman                                                                                    
                                                                                                    
and so, SENATE BILL NO. 339 passed the Senate.                                                      
                                                                                                    
Senator Elton gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Joseph M. Tompkins                                                                       
Representative(s) Hudson                                                                            
Senator(s) Elton, Wilken, Leman, Davis, Lincoln, Austerman, Taylor,                                 
Kelly, Green, Halford, Olson                                                                        
                                                                                                    
Senator Leman moved and asked unanimous consent that the citation                                   
be adopted. Without objection, the citation was adopted and referred to                             
the Secretary for transmittal.                                                                      
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Cowdery moved and asked unanimous consent to be excused                                     
from a call of the Senate on March 28 and April 5. Without objection,                               
Senator Cowdery was excused.                                                                        
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., March 27, 2002. Without                                      
objection, the Senate adjourned at 11:40 a.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2002                         

2002-03-25                     Senate Journal                      Page 2521
                                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                                            
                                                                                                    
Mar 25        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 27        Wednesday                    Fahrenkamp 203             1:30 PM                     
+ SB 312 ENTERPRISE ZONES                                                                           
+ SB 314 MOBILE TELECOMMUNICATIONS TAX                                                              
+ HB 135 EXCESSIVE POLICE SERVICES:FEES/ TENANCY                                                    
                                                                                                    
Mar 29        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Mar 25        Monday                    Senate Finance 532            9:00 AM                     
     SB 342 LONG TERM CARE OMBUDSMAN                                                                
     SB 270 BOARD OF DISPENSING OPTICIANS                                                           
     HB  16 HOME RULE COMMUNITIES                                                                   
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
Mar 26        Tuesday                   Senate Finance 532            9:00 AM                     
     SB 345 SCHOOL SERVICES  FOR DISABLED STUDENTS                                                  
     SB 319 SHALLOW NATURAL GAS LEASING                                                             
     SB 280 WATER/SEWER/WASTE GRANTS TO UTILITIES                                                   
     SB 111 BONDS TO FUND  PORTS AND HARBORS                                                        
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     

2002-03-25                     Senate Journal                      Page 2522
                             FINANCE (continued)                                                 
                                                                                                    
Mar 27        Wednesday                 Senate Finance 532            9:30 AM                     
= HB 359 SUPPLEMENTAL APPROP TOURISM MARKETING                                                      
              <Pending Referral>                                                                    
= SB 291 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
Mar 28        Thursday                  Senate Finance 532            9:30 AM                     
= HB 359 SUPPLEMENTAL APPROP TOURISM MARKETING                                                      
              <Pending Referral>                                                                    
= SB 291 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Mar 25        Monday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 27        Wednesday                       Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 03        Wednesday                       Butrovich 205           1:30 PM                     
              Statewide School Safety/McQueen School                                                
              -- Above Item Rescheduled from 3/22/02 --                                             
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Mar 25        Monday                                Beltz 211         1:30 PM                     
+= SJR 33 CONSTITUTIONAL AMENDMENT : TAX CAP                                                        
+= HB 196 RIGHT OF ACTION FOR LEGAL SEPARATION                                                      
+= SB 344 TERRORISM AGGRAVATING FACTOR                                                              
+ HB 297 AGGRAVATOR FOR SEXUAL OFFENSES                                                             
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 27        Wednesday                             Beltz 211         1:30 PM                     
+= HB  40 REVOKE DRIVER'S LIC. FOR FATAL ACCIDENT                                                   
+ HB 157 TRUST COMPANIES & FIDUCIARIES                                                              
+ SB 313 NO LEGIS APPROVAL OF AEROSPACE PROJECT                                                     
+= SB 263 REAL PROPERTY CONVEYANCES                                                                 
+             Bills Previously Heard/Scheduled                                                      

2002-03-25                     Senate Journal                      Page 2523
                            JUDICIARY (continued)                                                
                                                                                                    
Mar 29        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Mar 26        Tuesday                               Beltz 211         1:30 PM                     
+= SB 220 SCOPE OF PRACTICE OF HAIRDRESSING                                                         
+ HB  56 MINIMUM WAGE                                                                               
+= SB 320 MOTOR VEHICLE INSURANCE & REPAIRS                                                         
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 28        Thursday                              Beltz 211         1:30 PM                     
+             Confirmation Hearings:                                                                
              AK State Board of Public Accountancy                                                  
              Alcoholic Beverage Control Board                                                      
              Architects, Engineers and Land Surveyors                                              
              Board of Barbers and Hairdressers                                                     
              Board of Chiropractic Examiners                                                       
              AK Workers' Compensation Board                                                        
+= HB 212 WORKERS' COMP:CONTRACTORS & SUBCONTRACTOR                                                 
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 02        Tuesday                               Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 04        Thursday                              Beltz 211         1:30 PM                     
+             Confirmation Hearings:                                                                
              AK Labor Relations Agency                                                             
              Board of Marine Pilots                                                                
              Certified Real Estate Appraisers                                                      
              Real Estate Commission                                                                
              Regulatory Commission of Alaska                                                       
+ HB 389 MUNI TAX EXEMPTION: DETERIORATED PROPERTY                                                  
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 09        Tuesday                   Senate Finance 532            1:30 PM                     
              -- Location Change --                                                                 
              Joint w/(H)                                                                           
+             Nursing Workforce Issues Forum                                                        
                   ----------------------------------------                                        
                                                                                                    

2002-03-25                     Senate Journal                      Page 2524
                                  RESOURCES                                                      
                                                                                                    
Mar 25        Monday                          Butrovich 205           3:30 PM                     
+= SB 205 CONTROL OF NUISANCE WILD ANIMALS                                                          
+= SB 326 WASTEWATER DISCHARGE PROGRAM                                                              
+= HB 307 OIL/GAS EXPLORATION INCENTIVE CREDIT                                                      
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 27        Wednesday                       Butrovich 205           3:30 PM                     
+= HB 298 LEGISLATIVE APPROVAL OF RAILROAD LEASES                                                   
+= HB 241 RAIL AND UTILITY CORRIDOR TO CANADA                                                       
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 29        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
Mar 25        Monday                       Fahrenkamp 203           10:30 AM                      
     SB 339 INCREASE CRIMINAL FINES                                                                 
                                                                                                    
Mar 26        Tuesday                      Fahrenkamp 203           11:00 AM                      
= SB 180 STATE EMPLOYEE PAY DIFFERENTIALS                                                           
     SB 215 COMMON CARRIER LIQUOR LICENSE                                                           
     SCR 29 HIRING FREEZE                                                                           
     SJR 37 CONST AM: HIRING FREEZE                                                                 
     SJR 38 CONST AM: PRIORITY OF EXPENDITURES                                                      
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Mar 26        Tuesday                               Beltz 211         3:30 PM                     
     HB 162 ABSENCES UNDER LONGEVITY BONUS PROGRAM                                                  
     HB 254 STATE RETIREMENT SYSTEMS/WARRANTS                                                       
     HB 331 PRESENTMENT OF GOVERNOR'S APPOINTEES                                                    
     HJR 30 DESECRATION OF U.S. FLAG                                                                
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 28        Thursday                              Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2002-03-25                     Senate Journal                      Page 2525
                                TRANSPORTATION                                                   
                                                                                                    
Mar 26        Tuesday                             Capitol 17          1:30 PM                     
              -- Location Change --                                                                 
              Joint w/(H)                                                                           
              Presentation from the Bellingham Port                                                 
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 28        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                ADMINISTRATION                                                   
                                                                                                    
Mar 27        Wednesday                    Fahrenkamp 203             8:00 AM                     
              Overview: Dept of Administration FY03                                                 
              Budget Request                                                                        
                   ----------------------------------------                                        
                                                                                                    
                                 CORRECTIONS                                                     
                                                                                                    
Mar 26        Tuesday                      Fahrenkamp 203             8:00 AM                     
              Overview: Dept of Corrections FY03 Budget                                             
              Request                                                                               
                   ----------------------------------------                                        
                                                                                                    
                                   REVENUE                                                       
                                                                                                    
Mar 27        Wednesday                             Beltz 211         4:00 PM                     
              Revenue Operating Budget Closeout                                                     
                                                                                                    
Mar 28        Thursday                  Senate Finance 532          10:00 AM                      
              Revenue Operating Budget Closeout                                                     
                   ----------------------------------------                                        
                                                                                                    
                      TRANSPORTATION & PUBLIC FACILITIES                                         
                                                                                                    
Mar 28        Thursday                     Fahrenkamp 203             8:00 AM                     
              Overview: DOT/PF FY03 Budget Request                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2002-03-25                     Senate Journal                      Page 2526
                               JOINT COMMITTEES                                                  
                                                                                                    
                        OMBUDSMAN SELECTION COMMITTEE                                            
                                                                                                    
Mar 26        Tuesday                               Beltz 211         9:00 AM                     
                   ----------------------------------------                                        
                                                                                                    
                      SELECT CMTE ON LEGISLATIVE ETHICS                                          
                                                                                                    
Mar 26        Tuesday                         Butrovich 205         11:00 AM                      
              Public Comment                                                                        
              Committee Members and Officers                                                        
              Review of State Benefit & Loan Programs                                               
              Staff Reports, Late Disclosures                                                       
              Advisory Opinion 02-01                                                                
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Mar 26        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Youth in Action                                                                       
                                                                                                    
Apr 02        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Smart Start/Strong Future