Legislature(2001 - 2002)

2002-04-03 Senate Journal

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2002-04-03                     Senate Journal                      Page 2601
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                       April 3, 2002                    
                                                                                                    
                                Eightieth Day                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:19 a.m.                                                                               
                                                                                                    
The roll showed sixteen members present. Senator Taylor was excused                                 
from a call of the Senate. Senators Kelly, Leman, Therriault were                                   
absent.                                                                                             
                                                                                                    
The prayer was offered by the Chaplain, Father Michael Nash of the                                  
Cathedral of the Nativity. Senator Hoffman moved and asked                                          
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          Creator God,                                                                              
                                                                                                    
          In Your infinite wisdom, You created in human                                             
          persons a need to live together. From the first                                           
          democratic experiments in the ancient Greek city of                                       
          Athens up until the present, Your people have found                                       
          that democracy, while imperfect, has proven to be the                                     
          best form of government. May the spirit of                                                
          democracy continue to thrive in this chamber. May                                         
          the debates be civil, and the decision making                                             
          transparent. Grant each member of this body a                                             
          forthright spirit, tempered with an attitude of respect                                   
          for his or her colleagues. Grant them wisdom and                                          
          patience in equal measure.                                                                
                                                                                                    
         We pray You gracious God.                              Amen.                              
                                                                                                    
Senator Donley led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2602
                                Certification                                                    
                                                                                                    
Senator Green, Acting Majority Leader, moved and asked unanimous                                    
consent that the journal for the seventy-ninth legislative day be                                   
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
The presence of Senators Leman, Kelly was noted.                                                    
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated April 2 was read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HCR 26                                                                                            
CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(STA) BY                                                   
THE HOUSE STATE AFFAIRS COMMITTEE,                                                                  
                                                                                                    
       Supporting increased use of the house arrest                                                 
       program/electronic monitoring with sobriety monitoring as                                    
       a means of preventing crime and reducing the high costs of                                   
       imprisonment in Alaska.                                                                      
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 402                                                                                            
CS FOR HOUSE BILL NO. 402(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
       "An Act relating to diversion payments, wage subsidies,                                      
       cash assistance, and self-sufficiency services provided                                      
       under the Alaska temporary assistance program; relating                                      
       to the food stamp program; relating to child support cases                                   
           that include persons who receive cash assistance or self-                               
               sufficiency services under the Alaska temporary                                     
       assistance program; and providing for an effective date."                                    

2002-04-03                     Senate Journal                      Page 2603
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
The presence of Senator Therriault was noted.                                                       
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Memo dated April 2 from the Senate Labor and Commerce Committee                                     
was read, stating the confirmation report of the Alaska Labor                                       
Relations Agency (page 2584) was submitted in error.                                                
                                                                                                    
The report was returned to the Labor and Commerce Committee.                                        
                                                                                                    
Report dated March 28 was read stating:                                                             
                                                                                                    
In accordance with AS 39.05.080, the Senate Labor and Commerce                                      
Committee reviewed the following and recommends the appointments                                    
be forwarded to a joint session for consideration:                                                  
                                                                                                    
Alaska Workers' Compensation Board                                                                
 Dorothy Bradshaw - Fairbanks                                                                       
 John Giuchici - Fairbanks                                                                          
 Stephen T. Hagedorn - Anchorage                                                                    
 James (Jay) N. Rhodes - Ketchikan                                                                  
 Philip E. Ulmer - Eagle River                                                                      
                                                                                                    
There were no stated objections to the confirmation of any of the                                   
named individuals by committee members. This does not reflect an                                    
intent by any of the members to vote for or against the confirmation of                             
the named individuals during any further sessions.                                                  
                                                                                                    
Signing the report: Senator Stevens, Chair, Senators Austerman,                                     
Torgerson.                                                                                          
                                                                                                    
SB 59                                                                                             
The Finance Committee considered SENATE BILL NO. 59 "An Act                                         
relating to awards of federal funds to municipalities for road projects;                            
and providing for an effective date" and recommended it be replaced                                 
with                                                                                                
          CS FOR SENATE BILL NO. 59(FIN)                                                            

2002-04-03                     Senate Journal                      Page 2604
Signing no recommendation: Senator Kelly, Cochair, Senator Olson.                                   
Signing do not pass, continues the unfair discrimination in                                         
transportation funding against 42% of Alaskans living in Anchorage:                                 
Senator Donley, Cochair. Signing do not pass: Senator Hoffman.                                      
Signing do pass: Senators Green, Austerman, Leman.                                                  
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 91                                                                                             
The Finance Committee considered SENATE BILL NO. 91 "An Act                                         
relating to information and services available to pregnant women and                                
other persons; and ensuring informed consent before an abortion may                                 
be performed, except in cases of medical emergency" and                                             
recommended the adoption of the Health, Education and Social                                        
Services Committee Substitute offered on page 919. Signing do pass:                                 
Senator Kelly, Cochair, Senators Green, Leman, Ward. Signing no                                     
recommendation: Senator Donley, Cochair, Senators Austerman,                                        
Hoffman, Olson, Wilken.                                                                             
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 97                                                                                             
The Finance Committee considered SENATE BILL NO. 97 "An Act                                         
relating to fees for probation and parole" and recommended it be                                    
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 97(FIN)                                                            
                                                                                                    
Signing do pass: Senator Donley, Cochair, Senators Green, Wilken,                                   
Ward, Leman. Signing no recommendation: Senator Kelly, Cochair,                                     
Senator Austerman. Signing do not pass: Senators Hoffman, Olson.                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2605
The following fiscal information was published today:                                               
 Fiscal Note No. 4, Department of Administration                                                    
 Fiscal Note No. 5, Department of Corrections                                                       
 Fiscal Note No. 6, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 205                                                                                            
The Finance Committee considered SENATE BILL NO. 205 "An Act                                        
relating to control of nuisance wild animals; and providing for an                                  
effective date" and recommended the adoption of the Resources                                       
Committee Substitute offered on page 2534. Signing do pass: Senators                                
Donley, Kelly, Cochairs, Senators Green, Austerman, Wilken, Leman,                                  
Ward. Signing no recommendation: Senators Hoffman, Olson.                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Fish and Game                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 223                                                                                            
The Finance Committee considered SPONSOR SUBSTITUTE FOR                                             
SENATE BILL NO. 223 "An Act referencing the award of good time                                      
and restricting release on mandatory parole for prisoners serving                                   
certain sentences who fail to attain certain minimum educational                                    
standards; and providing for an effective date" and recommended the                                 
adoption of the Judiciary Committee Substitute offered on page 2171.                                
Signing do pass: Senators Kelly, Donley, Cochairs, Senators Green,                                  
Wilken, Ward, Leman. Signing no recommendation: Senators                                            
Austerman, Olson. Signing do not pass: Senator Hoffman.                                             
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Senate Finance Committee                                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2606
SB 263                                                                                            
Forthcoming Judiciary Committee Substitute (page 2554) for                                          
SENATE BILL NO. 263 "An Act relating to the subsequent                                              
acquisition of title to, or an interest in, real property by a person to                            
whom the property has purportedly been granted in fee or fee simple;                                
and providing for an effective date" was received today.                                            
                                                                                                    
SB 282                                                                                            
The Finance Committee considered SENATE BILL NO. 282 "An Act                                        
relating to the membership of the board of directors of the Alaska                                  
Seafood Marketing Institute; extending the termination dates of certain                             
activities and salmon marketing programs of the Alaska Seafood                                      
Marketing Institute and of the salmon marketing tax; and providing for                              
an effective date" and recommended it be replaced with                                              
                                                                                                    
          CS FOR SENATE BILL NO. 282(FIN) "An Act                                                   
          delaying the repeal of the salmon marketing tax;                                          
          expanding the allowable use of that tax for the                                           
          salmon marketing programs of the Alaska Seafood                                           
          Marketing Institute; relating to the Alaska Seafood                                       
          Marketing Institute's salmon marketing committee;                                         
          and providing for an effective date."                                                     
                                                                                                    
Signing do pass: Senator Kelly, Cochair, Senators Austerman,                                        
Hoffman, Olson, Leman.                                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2607
HB 40                                                                                             
Forthcoming fiscal information (page 2555) for CS FOR HOUSE                                         
BILL NO. 40(FIN) "An Act providing for the revocation of driving                                    
privileges by a court for a driver convicted of a violation of traffic                              
laws in connection with a fatal motor vehicle or commercial motor                                   
vehicle accident; amending Rules 43 and 43.1, Alaska Rules of                                       
Administration; and providing for an effective date" published today:                               
 Fiscal Note No. 4, Department of Administration                                                    
 Fiscal Note No. 5, indeterminate, Department of Administration                                     
 Fiscal Note No. 6, zero, Department of Law                                                         
                                                                                                    
HB 157                                                                                            
Forthcoming Judiciary Senate Committee Substitute (page 2555) for                                   
CS FOR HOUSE BILL NO. 157(JUD) am "An Act relating to trust                                         
companies and providers of fiduciary services; amending Rules 6 and                                 
12, Alaska Rules of Civil Procedure, Rule 40, Alaska Rules of                                       
Criminal Procedure, Rules 204, 403, 502, 602, and 611, Alaska Rules                                 
of Appellate Procedure, and Rules 7.2 and 7.3, Alaska Rules of                                      
Professional Conduct; and providing for an effective date" was                                      
received today.                                                                                     
                                                                                                    
HB 262                                                                                            
The State Affairs Committee considered HOUSE BILL NO. 262 "An                                       
Act relating to accounting for and appropriations of receipts from fees                             
collected by the Department of Labor and Workforce Development for                                  
certain inspections and for certain plumbing and electrical worker                                  
certificates of fitness; establishing a building safety account; and                                
providing for an effective date." Signing no recommendation: Senator                                
Therriault, Chair, Senator Phillips. Signing do pass: Senators Stevens,                             
Davis.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 3, Department of Labor and Workforce                                               
  Development                                                                                       
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2608
HB 306                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 306(L&C) "An Act authorizing the Department of                                             
Community and Economic Development to issue permits to certain                                      
agencies to purchase, possess, and use certain drugs for euthanizing                                
domestic animals." Signing do pass: Senator Stevens, Chair, Senators                                
Austerman, Davis, Leman, Torgerson.                                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 389                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 389(CRA) "An Act eliminating the delayed repeal of a                                       
provision authorizing an exemption from and deferral of municipal                                   
property taxes on certain types of deteriorated property; and providing                             
for an effective date." Signing do pass: Senator Stevens, Chair,                                    
Senators Austerman, Davis, Leman, Torgerson.                                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 470                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 470(L&C)(title am) "An Act relating to public offering                                     
statements required under the Uniform Common Interest Ownership                                     
Act; and providing for an effective date." Signing do pass: Senator                                 
Stevens, Chair, Senators Austerman, Davis, Leman, Torgerson.                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       

2002-04-03                     Senate Journal                      Page 2609
HJR 30                                                                                            
The State Affairs Committee considered HOUSE JOINT                                                  
RESOLUTION NO. 30 Relating to an amendment to the Constitution                                      
of the United States prohibiting desecration of the Flag of the United                              
States. Signing do pass: Senator Therriault, Chair, Senators Phillips,                              
Stevens, Davis.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House State Affairs Committee                                             
                                                                                                    
The resolution was referred to the Judiciary Committee.                                             
                                                                                                    
HCR 20                                                                                            
The State Affairs Committee considered CS FOR HOUSE                                                 
CONCURRENT RESOLUTION NO. 20(MLV) Relating to declaring                                             
September 11, 2002, as a Day of Remembrance, and recommended it                                     
be replaced with                                                                                    
                                                                                                    
                          SENATE CS FOR CS FOR HOUSE                                               
          CONCURRENT RESOLUTION NO. 20(STA)                                                         
                                                                                                    
Signing do pass: Senator Therriault, Chair, Senators Phillips, Stevens,                             
Davis.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House Special Committee on Military and                                   
Veterans' Affairs                                                                                   
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
SB 220                                                                                            
The Rules Committee considered SENATE BILL NO. 220 "An Act                                          
relating to the scope of practice authorized under a license to practice                            
hairdressing." Signing to calendar: Senator Phillips, Chair, Senators                               
Cowdery, Therriault.                                                                                
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2610
SB 328                                                                                            
The Rules Committee considered SENATE BILL NO. 328 "An Act                                          
requiring that a nonresident big game hunter be accompanied by a big                                
game guide who is providing big game hunting services to the                                        
nonresident under a contract with the nonresident or who is employed                                
by a big game guide who has a contract to provide big game hunting                                  
services to the nonresident." Signing to calendar: Senator Phillips,                                
Chair, Senators Cowdery, Therriault.                                                                
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 342                                                                                            
The Rules Committee considered SENATE BILL NO. 342 "An Act                                          
relating to the long term care ombudsman." Signing to calendar:                                     
Senator Phillips, Chair, Senators Cowdery, Therriault.                                              
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 358                                                                                            
SENATE BILL NO. 358 BY THE SENATE RULES COMMITTEE,                                                  
entitled:                                                                                           
          "An Act naming state ferries."                                                            
                                                                                                    
was read the first time and referred to the Transportation Committee.                               
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 220                                                                                            
SENATE BILL NO. 220 "An Act relating to the scope of practice                                       
authorized under a license to practice hairdressing" was read the                                   
second time.                                                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2611
Senator Stevens, Chair, moved and asked unanimous consent for the                                   
adoption of the Labor and Commerce Committee Substitute offered on                                  
page 2534. Without objection, CS FOR SENATE BILL NO.                                                
220(L&C) was adopted and read the second time.                                                      
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 220(L&C) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 220(L&C)                                          
"An Act relating to the scope of practice authorized under a license to                             
practice hairdressing" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
CSSB 220(L&C)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens,                                  
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Taylor                                                                                    
                                                                                                    
and so, CS FOR SENATE BILL NO. 220(L&C) passed the Senate                                           
and was referred to the Secretary for engrossment.                                                  
                                                                                                    
SB 328                                                                                            
SENATE BILL NO. 328 "An Act requiring that a nonresident big                                        
game hunter be accompanied by a big game guide who is providing                                     
big game hunting services to the nonresident under a contract with the                              
nonresident or who is employed by a big game guide who has a                                        
contract to provide big game hunting services to the nonresident" 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. Without objection, it was so ordered.                                                      
                                                                                                    

2002-04-03                     Senate Journal                      Page 2612
SENATE BILL NO. 328 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 328 "An Act requiring                                    
that a nonresident big game hunter be accompanied by a big game                                     
guide who is providing big game hunting services to the nonresident                                 
under a contract with the nonresident or who is employed by a big                                   
game guide who has a contract to provide big game hunting services to                               
the nonresident" pass the Senate?" The roll was taken with the                                      
following result:                                                                                   
                                                                                                    
SB 328                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens,                                  
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Taylor                                                                                    
                                                                                                    
and so, SENATE BILL NO. 328 passed the Senate and was referred to                                   
the Secretary for engrossment.                                                                      
                                                                                                    
SB 342                                                                                            
SENATE BILL NO. 342 "An Act relating to the long term care                                          
ombudsman" was read the second time.                                                                
                                                                                                    
Senator Green, Chair, moved and asked unanimous consent for the                                     
adoption of the Health, Education and Social Services Committee                                     
Substitute offered on page 2415. Without objection, CS FOR                                          
SENATE BILL NO. 342(HES) 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. 342(HES) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 342(HES)                                          
"An Act relating to the long term care ombudsman" pass the Senate?"                                 
The roll was taken with the following result:                                                       

2002-04-03                     Senate Journal                      Page 2613
                                                                                                    
CSSB 342(HES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens,                                  
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Taylor                                                                                    
                                                                                                    
and so, CS FOR SENATE BILL NO. 342 (HES) passed the Senate                                          
and was referred to the Secretary for engrossment.                                                  
                                                                                                    
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 180                                                                                            
Senator Olson requested that the reconsideration on CS FOR SENATE                                   
BILL NO. 180(FIN) "An Act implementing pay differentials based on                                   
geographic areas for certain state employees and for members of the                                 
Alaska State Defense Force; relating to cost-of-living differentials for                            
state aid to municipalities; and providing for an effective date" be                                
taken up. The bill was before the Senate on reconsideration.                                        
                                                                                                    
Senator Olson moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 1.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Olson offered Amendment No. 1 :                                                              
                                                                                                    
Page 2, line 21:                                                                                    
          Delete "a new subsection"                                                                 
          Insert  "new subsections"                                                                 
                                                                                                    
Page 2, following line 26:                                                                          
          Insert a new subsection to read:                                                          
                   "(e) A person to whom the pay step differentials of                              
          this section apply under (d) of this section may make an                                  
          irrevocable election to have the pay differentials in                                     
          AS 39.27.021 apply to the person's pay whenever the person                                

2002-04-03                     Senate Journal                      Page 2614
          is employed by the state in a location to which pay                                       
          differentials apply. A state employee eligible under this                                 
          subsection shall make that election in writing within 60 days                             
          after receiving notice from the employee's employer. An                                   
          employee who fails to respond to the notice forfeits the                                  
          chance to make the election. An employer shall, within 60                                 
          days after hiring, notify a newly hired employee eligible                                 
          under this subsection of the requirement to make a written                                
          election in order to have AS 39.27.021 apply to the                                       
          employee's pay."                                                                          
                                                                                                    
Page 2, line 29, following "apply":                                                                 
          Delete "only"                                                                             
                                                                                                    
Page 2, line 30, following "2002,":                                                                 
          Insert "or state employees who have made the election under                               
AS 39.27.020(e),"                                                                                   
                                                                                                    
Page 5, following line 1:                                                                           
          Insert a new bill section to read:                                                        
   "* Sec. 10. The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
          NOTIFICATION OF EMPLOYEE ELECTION OF PAY                                                  
DIFFERENTIAL. Within six months after the effective date of this                                    
Act, employers of employees covered by the pay schedule of AS 39.27                                 
shall notify in writing all employees eligible to make the election                                 
under AS 39.27.020(e) of the provisions of AS 39.27.020(e), added by                                
sec. 4 of this Act."                                                                                
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Senator Olson moved for the adoption of Amendment No. 1. Senator                                    
Donley objected.                                                                                    
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2615
                                                                                                    
CSSB 180(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Kelly, Leman, Lincoln, Olson                                   
                                                                                                    
Nays:  Austerman, Cowdery, Donley, Green, Halford, Phillips,                                        
Stevens, Therriault, Torgerson, Ward, Wilken                                                        
                                                                                                    
Excused:  Taylor                                                                                    
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 180(FIN) was automatically in third                                          
reading.                                                                                            
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
180(FIN) "An Act implementing pay differentials based on geographic                                 
areas for certain state employees and for members of the Alaska State                               
Defense Force; relating to cost-of-living differentials for state aid to                            
municipalities; and providing for an effective date" pass the Senate?"                              
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 180(FIN)                                                                                       
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Therriault, Torgerson, Ward, Wilken                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Excused:  Taylor                                                                                    
                                                                                                    
and so, CS FOR SENATE BILL NO. 180(FIN) passed the Senate on                                        
reconsideration.                                                                                    
                                                                                                    
Senator Leman moved the effective date clause.                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2616
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CSSB 180(FIN)                                                                                       
Effective Date Clause                                                                               
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Therriault, Torgerson, Ward, Wilken                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Excused:  Taylor                                                                                    
                                                                                                    
and so, the effective date clause failed, and CS FOR SENATE BILL                                    
NO. 180(FIN)(efd fld) was referred to the Secretary for engrossment.                                
                                                                                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 182                                                                                            
CS FOR SENATE BILL NO. 182(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 182(FIN)                                          
"An Act requiring reductions in payments to individuals under certain                               
benefit programs if appropriations are not sufficient to fully fund the                             
statutorily established levels of payments" pass the Senate?" The roll                              
was taken with the following result:                                                                
                                                                                                    
CSSB 182(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Therriault, Torgerson, Ward, Wilken                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Excused:  Taylor                                                                                    
                                                                                                    
and so, CS FOR SENATE BILL NO. 182(FIN) passed the Senate.                                          
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       

2002-04-03                     Senate Journal                      Page 2617
                                  Citations                                                      
                                                                                                    
Honoring - Fairbanks Junior Men's Curling Team, Leo Johnson, Colin                                  
Hufman, Martin Sather, Chris Benshoof, and Steven Birklid                                           
Senator(s) Wilken, Phillips, Halford, Leman, Green, Kelly, Taylor,                                  
Austerman, Lincoln, Davis, Elton, Hoffman, Stevens, Therriault                                      
                                                                                                    
Honoring - University of Alaska Fairbanks Rifle Team                                                
Representative(s) James                                                                             
Senator(s) Therriault, Halford, Leman, Green, Wilken, Kelly, Taylor,                                
Austerman, Lincoln, Davis, Elton, Phillips, Hoffman, Stevens                                        
                                                                                                    
Honoring - Dr. Carla A. Kirts, Retirement from the University of                                    
Alaska Fairbanks                                                                                    
Representative(s) James                                                                             
Senator(s) Therriault, Halford, Leman, Green, Wilken, Kelly, Taylor,                                
Austerman, Lincoln, Davis, Elton, Hoffman, Stevens                                                  
                                                                                                    
Honoring - James C. Hayes                                                                           
Representative(s) Hayes, James, Coghill, Fate, Davies, Whitaker                                     
Senator(s) Kelly, Wilken, Therriault, Halford, Leman, Green, Taylor,                                
Austerman, Lincoln, Davis, Elton, Hoffman, Stevens                                                  
                                                                                                    
Honoring - George Harper, Blacks in Alaska History Project                                          
Representative(s) Guess                                                                             
Senator(s) Ellis, Phillips, Halford, Leman, Green, Wilken, Kelly,                                   
Taylor, Austerman, Lincoln, Davis, Elton, Hoffman, Stevens, Donley,                                 
Therriault                                                                                          
                                                                                                    
Honoring - Lola E. A. Ferguson                                                                      
Representative(s) Guess                                                                             
Senator(s) Ellis, Halford, Leman, Green, Wilken, Kelly, Taylor,                                     
Austerman, Lincoln, Davis, Elton, Hoffman, Stevens, Therriault                                      
                                                                                                    
Honoring - Lucille Qaanaq Wongittilin                                                               
Representative(s) Foster                                                                            
Senator(s) Olson, Halford, Leman, Green, Wilken, Kelly, Taylor,                                     
Austerman, Lincoln, Davis, Elton, Hoffman, Stevens, Therriault                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2618
Commemorating - 60 Anniversary of the Bombing of the Aleutian                                       
Islands                                                                                             
Representative(s) Moses                                                                             
Senator(s) Hoffman, Phillips, Halford, Leman, Green, Wilken, Kelly,                                 
Taylor, Austerman, Lincoln, Davis, Elton, Stevens, Therriault                                       
                                                                                                    
In Memoriam - Estella E. Eagle                                                                      
Representative(s) Lancaster                                                                         
Senator(s) Torgerson, Halford, Leman, Green, Wilken, Kelly, Taylor,                                 
Austerman, Lincoln, Davis, Elton, Hoffman, Stevens, Therriault                                      
                                                                                                    
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.                                                                   
                                                                                                    
Senator Leman moved and asked unanimous consent that the                                            
following citations be made a special order of business. Without                                    
objection, it was so ordered.                                                                       
                                                                                                    
                          Special Order of Business                                              
                                                                                                    
Honoring - Brigadier General Douglas M. Fraser                                                      
Senator(s) Leman, Halford, Donley, Stevens, Therriault, Green, Kelly,                               
Taylor, Wilken, Austerman, Lincoln, Davis, Elton, Hoffman                                           
                                                                                                    
In Memoriam - Trooper Hans Roelle, Alaska State Trooper                                             
Representative(s) Ogan                                                                              
Senator(s) Donley, Halford, Stevens, Therriault, Leman, Green, Kelly,                               
Taylor, Wilken, Austerman, Lincoln, Davis, Elton, Hoffman                                           
                                                                                                    
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.                                                                   
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2619
                                 Engrossment                                                     
                                                                                                    
SB 180                                                                                            
CS FOR SENATE BILL NO. 180(FIN)(efd fld) "An Act                                                    
implementing pay differentials based on geographic areas for certain                                
state employees and for members of the Alaska State Defense Force;                                  
relating to cost-of-living differentials for state aid to municipalities"                           
was engrossed, signed by the President and Secretary and transmitted                                
to the House for consideration.                                                                     
                                                                                                    
SB 220                                                                                            
CS FOR SENATE BILL NO. 220(L&C) "An Act relating to the scope                                       
of practice authorized under a license to practice hairdressing" was                                
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
SB 328                                                                                            
SENATE BILL NO. 328 "An Act requiring that a nonresident big                                        
game hunter be accompanied by a big game guide who is providing                                     
big game hunting services to the nonresident under a contract with the                              
nonresident or who is employed by a big game guide who has a                                        
contract to provide big game hunting services to the nonresident" was                               
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
SB 342                                                                                            
CS FOR SENATE BILL NO. 342(HES) "An Act relating to the long                                        
term care ombudsman" was engrossed, signed by the President and                                     
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., April 4, 2002. Without                                       
objection, the Senate adjourned at 12:04 p.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2002                       

2002-04-03                     Senate Journal                      Page 2620
                                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                                            
                                                                                                    
Apr 03        Wednesday                 Senate Finance 532            1:30 PM                     
              -- Location Change --                                                                 
+             Joint w/(S)Health, Education and Social                                               
              Services                                                                              
              Statewide School Safety/McQueen                                                       
              School Closure, Kivalina                                                              
                                                                                                    
Apr 05        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 03        Wednesday                 Senate Finance 532            9:00 AM                     
              -- Recessed to 4:00 pm --                                                             
     SB  91 ABORTION: INFORMED CONSENT;INFORMATION                                                  
= SB 340 HOLD HARMLESS PROVISIONS OF PFD PROGRAM                                                    
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
Apr 04        Thursday                  Senate Finance 532            9:00 AM                     
     HB 298 LEGISLATIVE APPROVAL OF RAILROAD LEASES                                                 
     HB  58 UNEMPLOYMENT COMPENSATION BENEFITS                                                      
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2621
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 03        Wednesday                 Senate Finance 532            1:30 PM                     
              -- Location Change --                                                                 
+             Joint w/(S) Community & Regional Affairs                                              
              Statewide School Safety/McQueen School                                                
              Closure, Kivalina                                                                     
              -- Above Item Rescheduled from 3/22/02 --                                             
                                                                                                    
Apr 17        Wednesday                  House Finance 519            1:00 PM                     
+             Joint w/(H) Health, Education and Social                                              
              Services, (H) Finance, (H) Special                                                    
              Committee on Education                                                                
              Standards-Based Education                                                             
              Gates Foundations' Contributions to                                                   
              Education in Alaska                                                                   
              Baldrige Plan used by Chugach Schools                                                 
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 03        Wednesday                             Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 05        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 04        Thursday                              Beltz 211         1:30 PM                     
              -- Meeting Canceled --                                                                
              Confirmation Hearings:                                                                
              AK Labor Relations Agency                                                             
              Board of Marine Pilots                                                                
              Certified Real Estate Appraisers                                                      
              Real Estate Commission                                                                
              Regulatory Commission of Alaska                                                       
              <Above Items Rescheduled to 4/11/02>                                                  
     HB 389 MUNI TAX EXEMPTION: DETERIORATED PROPERTY                                               
              <Above Item Rescheduled to 4/2/02>                                                    
     HB 355 MOBILE TELECOMMUNICATIONS TAX                                                           
              <Above Item Removed from Agenda>                                                      
              Bills Previously Heard/Scheduled                                                      

2002-04-03                     Senate Journal                      Page 2622
                         LABOR & COMMERCE (continued)                                            
                                                                                                    
Apr 09        Tuesday                   Senate Finance 532            1:30 PM                     
              -- Location Change --                                                                 
              Joint w/(H)                                                                           
+             Nursing Workforce Issues Forum                                                        
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 11        Thursday                              Beltz 211         1:30 PM                     
              -- Rescheduled from 4/4/02 --                                                         
+             Confirmation Hearings:                                                                
              AK Labor Relations Agency                                                             
              Board of Marine Pilots                                                                
              Certified Real Estate Appraisers                                                      
              Real Estate Commission                                                                
              Regulatory Commission of Alaska                                                       
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Apr 03        Wednesday                       Butrovich 205           3:30 PM                     
     SB 219 FED/STATE NAVIGABLE WATERS COMMISSION                                                   
     SB 353 AGRICULT. PROG.COORDINATOR/ANIMAL FEED                                                  
     SB 354 PRICES PAID BY MILK PROCESSING PLANTS                                                   
     SB 356 GENERAL PERMIT FOR WATER / WASTE DISPOSAL                                               
     HJR 44 ALASKA NATURAL GAS PIPELINE ROUTE                                                       
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 05        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
Apr 03        Wednesday                    Fahrenkamp 203           10:30 AM                      
     SB 205 CONTROL OF NUISANCE WILD ANIMALS                                                        
     SB 220 SCOPE OF PRACTICE OF HAIRDRESSING                                                       
     SB 328 BIG GAME HUNTERS ACCOMPANIED BY GUIDE                                                   
     SB 342 LONG TERM CARE OMBUDSMAN                                                                
     HB 343 BD OF PROF. COUNSELORS: SUNSET & MISC                                                   
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-03                     Senate Journal                      Page 2623
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 04        Thursday                              Beltz 211         3:30 PM                     
= SB 159 APPEALS COURT JUDGES RETENTION                                                             
     SJR 43 MAINTENANCE OF EFFORT ON FEDERAL PROGRAMS                                               
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 04        Thursday                        Butrovich 205           1:30 PM                     
              -- Meeting Postponed to 4/9/02 --                                                     
= SB 100 ELECTRIC PERSONAL VEHICLES/ REGISTRATION                                                   
     SB 348 MOTOR VEHICLE REPAIRS                                                                   
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 09        Tuesday                         Butrovich 205           1:30 PM                     
              -- Rescheduled from 4/4/02 --                                                         
= SB 100 ELECTRIC PERSONAL VEHICLES/ REGISTRATION                                                   
     SB 348 MOTOR VEHICLE REPAIRS                                                                   
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                      COMMUNITY AND ECONOMIC DEVELOPMENT                                         
                                                                                                    
Apr 04        Thursday                  Senate Finance 532            3:30 PM                     
              Department Closeout                                                                   
                                                                                                    
Apr 09        Tuesday                   Senate Finance 532            3:30 PM                     
              Department Closeout                                                                   
                   ----------------------------------------                                        
                                                                                                    
                                 COURT SYSTEM                                                    
                                                                                                    
Apr 03        Wednesday                    Terry Miller 104           8:00 AM                     
                   ----------------------------------------                                        
                                                                                                    
                        EDUCATION & EARLY DEVELOPMENT                                            
                                                                                                    
Apr 04        Thursday                     Terry Miller 104           7:30 AM                     
              Overview: FY03 Operating Budget                                                       
              Karen Rehfeld, Education Support Services                                             
              Director, Dept of Ed & Early Development                                              

2002-04-03                     Senate Journal                      Page 2624
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                          ENVIRONMENTAL CONSERVATION                                             
                                                                                                    
Apr 11        Thursday                              Beltz 211         8:00 AM                     
              Dept of Environmental Conservation                                                    
              Operating Budget Closeout                                                             
                   ----------------------------------------                                        
                                                                                                    
                                 FISH & GAME                                                     
                                                                                                    
Apr 03        Wednesday                 Senate Finance 532            3:30 PM                     
              Department Closeout                                                                   
                                                                                                    
Apr 10        Wednesday                 Senate Finance 532            3:30 PM                     
              Department Closeout                                                                   
                   ----------------------------------------                                        
                                                                                                    
                                     LAW                                                         
                                                                                                    
Apr 03        Wednesday                    Terry Miller 104           5:30 PM                     
                   ----------------------------------------                                        
                                                                                                    
                              NATURAL RESOURCES                                                  
                                                                                                    
Apr 09        Tuesday                         Butrovich 205           5:00 PM                     
              Overview: Dept of Natural Resources                                                   
              Operating Budget                                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Apr 08        Monday                     House Finance 519           12:00 PM                     
                   ----------------------------------------                                        
                                                                                                    
                      SELECT CMTE ON LEGISLATIVE ETHICS                                          
                                                                                                    
Apr 09        Tuesday                      Fahrenkamp 203             3:30 PM                     
+             Public Comment                                                                        
              Committee Members and Officers, Review of State Benefit &                             
              Loan Programs, Staff Reports, Late Disclosures                                        
              Advisory Opinion 02-01                                                                

2002-04-03                     Senate Journal                      Page 2625
                                OTHER MEETINGS                                                   
                                                                                                    
                               ANCHORAGE CAUCUS                                                  
                                                                                                    
Apr 04        Thursday                  Senate Finance 532            8:30 AM                     
              Presentation by Mayor George Wuerch                                                   
                   ----------------------------------------                                        
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Apr 09        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Child Abuse Prevention Network