Legislature(2001 - 2002)

2002-04-09 Senate Journal

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2002-04-09                     Senate Journal                      Page 2677
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Tuesday                       April 9, 2002                    
                                                                                                    
                               Eighty-sixth Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:35 a.m.                                                                               
                                                                                                    
The roll showed sixteen members present. Senators Kelly, Lincoln,                                   
Therriault, Wilken were absent.                                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that Senator                                        
Lincoln be excused from a call of the Senate due to illness. Without                                
objection, it was so ordered.                                                                       
                                                                                                    
The prayer was offered by the Chaplain, Senator Green. Senator                                      
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          Dear Heavenly Father,                                                                     
                                                                                                    
          We thank You for allowing us to join together once                                        
          again. We ask You to be present in our decision                                           
          making. We ask You to give us peace, patience and                                         
          an attitude that is positive and that allows us to be                                     
          receptive and at the same time live and deal with our                                     
          own beliefs, philosophies and how we see the                                              
          direction of this state. We ask You to be with us and                                     
          keep us in the palm of Your hand and help us in all                                       
          that we do.                                                                               
                                                                                                    
       In Your Name, we ask.                                      Amen.                            
                                                                                                    
Senator Elton led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2678
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the eighty-fifth legislative day, Senate Journal Supplement No. 8                               
and House and Senate Joint Journal Supplement No. 15 be approved                                    
as certified by the Secretary. Without objection, it was so ordered.                                
                                                                                                    
The presence of Senators Kelly, Therriault, Wilken was noted.                                       
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 260                                                                                            
Message dated April 5 was read, stating the House passed and                                        
returned:                                                                                           
                                                                                                    
               SENATE BILL NO. 260 "An Act relating to historic                                    
               and antique motor vehicles; and providing for an                                    
          effective date."                                                                          
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Message dated April 8 was read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 447                                                                                            
HOUSE BILL NO. 447 BY REPRESENTATIVE MULDER, entitled:                                              
                                                                                                    
              "An Act relating to the interest rates that may be                                   
                charged on loans by the Commercial Fishing and                                     
          Agriculture Bank."                                                                        
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2679
                          Standing Committee Reports                                             
                                                                                                    
SB 159                                                                                            
The State Affairs Committee considered SENATE BILL NO. 159 "An                                      
Act relating to retention elections for judges of the court of appeals"                             
and recommended it be replaced with                                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 159(STA)                                                           
                                                                                                    
Signing no recommendation: Senator Therriault, Chair, Senators                                      
Halford, Phillips. Signing do not pass: Senator Davis.                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Alaska Court System                                                             
 Fiscal Note No. 2, Alaska Court System                                                             
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SB 204                                                                                            
The Judiciary Committee considered SENATE BILL NO. 204 "An                                          
Act relating to wildfires and other natural disasters." Signing do pass:                            
Senator Taylor, Chair. Signing no recommendation: Senators                                          
Cowdery, Therriault.                                                                                
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Natural                                            
  Resources                                                                                         
 Fiscal Note No. 2, indeterminate, Department of Administration                                     
 Fiscal Note No. 3, indeterminate, Department of Law                                                
                                                                                                    
The bill was referred to the Resources Committee.                                                   
                                                                                                    
SB 277                                                                                            
The Finance Committee considered SENATE BILL NO. 277 "An Act                                        
relating to the definitions of 'floating fisheries business' and 'shore-                            
based fisheries business' for the purposes of the fishery business tax;                             
and providing for an effective date" and recommended the adoption of                                
the Resources Committee Substitute offered on page 2316. Signing no                                 
recommendation: Senator Kelly, Cochair, Senators Hoffman, Wilken.                                   
Signing do pass: Senators Austerman, Leman. Signing do not pass:                                    
Senators Green, Ward.                                                                               

2002-04-09                     Senate Journal                      Page 2680
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 278                                                                                            
The Judiciary Committee considered SENATE BILL NO. 278 "An                                          
Act requiring a good faith effort to purchase property before that                                  
property is taken through eminent domain; and providing for an                                      
effective date" and recommended it be replaced with                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 278(JUD)                                                           
                                                                                                    
Signing do pass: Senator Taylor, Chair. Signing no recommendation:                                  
Senators Therriault, Cowdery.                                                                       
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, indeterminate, Department of Transportation                                     
  and Public Facilities                                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 357                                                                                            
The Judiciary Committee considered SENATE BILL NO. 357 "An                                          
Act relating to the disposal of state land and interests in state land; and                         
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
          CS FOR SENATE BILL NO. 357(JUD)                                                           
                                                                                                    
Signing do pass: Senator Taylor, Chair, Senators Cowdery, Therriault.                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Natural Resources                                                 
                                                                                                    
The bill was referred to the Resources Committee.                                                   
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2681
HB 131                                                                                            
The Resources Committee considered HOUSE BILL NO. 131 "An                                           
Act relating to standards for forest resources and practices; and                                   
providing for an effective date." Signing do pass: Senator Torgerson,                               
Chair, Senators Halford, Stevens, Wilken. Signing no                                                
recommendation: Senator Elton.                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Natural Resources                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 288                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
288(FIN) am "An Act relating to commercial fishing limited entry                                    
permit buy-back programs, to a permit buy-back assessment, and to                                   
voluntary relinquishment of commercial fishing permits; and defining                                
'optimum number.'" Signing do pass: Senator Torgerson, Chair,                                       
Senators Stevens, Wilken, Elton.                                                                    
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
 Fiscal Note No. 2, zero, Department of Revenue                                                     
 Fiscal Note No. 3, indeterminate, Department of Revenue                                            
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 355                                                                                            
The Community and Regional Affairs Committee considered CS FOR                                      
HOUSE BILL NO. 355(CRA) "An Act relating to the taxation of                                         
mobile telecommunications services by municipalities; and providing                                 
for an effective date." Signing do pass: Senator Torgerson, Chair,                                  
Senator Austerman. Signing no recommendation: Senator Phillips.                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Labor and Commerce Committee.                                          
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2682
HB 358                                                                                            
The Community and Regional Affairs Committee considered CS FOR                                      
HOUSE BILL NO. 358(CRA) "An Act relating to an optional                                             
exemption from municipal property taxes for certain land from which                                 
timber is harvested and for certain improvements used in or necessary                               
to the harvest of timber; and providing for an effective date." Signing                             
do pass: Senator Torgerson, Chair, Senators Phillips, Austerman.                                    
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House Community and Regional Affairs                                      
  Committee.                                                                                        
                                                                                                    
The bill was referred to the Resources Committee.                                                   
                                                                                                    
HB 389                                                                                            
The Finance 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 no recommendation: Senator Kelly, Cochair,                                 
Senators Green, Hoffman, Olson. Signing do pass: Senators                                           
Austerman, Leman, Ward.                                                                             
                                                                                                    
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.                                                       
                                                                                                    
SB 291                                                                                            
The Rules Committee considered SENATE BILL NO. 291 "An Act                                          
making supplemental and other appropriations; amending                                              
appropriations; and providing for an effective date" and recommended                                
it be replaced with                                                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 291(RLS)                                                           
                                                                                                    
Signing to calendar: Senator Phillips, Chair, Senators Cowdery,                                     
Halford, Therriault, Ellis.                                                                         
                                                                                                    

2002-04-09                     Senate Journal                      Page 2683
The bill is on today's calendar.                                                                    
                                                                                                    
SB 338                                                                                            
The Rules Committee considered SENATE BILL NO. 338 "An Act                                          
making certain individuals convicted of crimes ineligible for                                       
permanent fund dividends and relating to certain payments of                                        
compensation from the crime victim compensation fund; and                                           
providing for an effective date." Signing to calendar: Senator Phillips,                            
Chair, Senators Cowdery, Therriault.                                                                
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 356                                                                                            
The Rules Committee considered SENATE BILL NO. 356 "An Act                                          
relating to the authority of the Department of Environmental                                        
Conservation to issue general and individual permits for waste                                      
disposal; and providing for an effective date." Signing to calendar:                                
Senator Phillips, Chair, Senators Cowdery, Therriault.                                              
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HCR 20                                                                                            
The Rules Committee considered CS FOR HOUSE CONCURRENT                                              
RESOLUTION NO. 20(MLV) Relating to declaring September 11,                                          
2002, as a Day of Remembrance. Signing to calendar: Senator                                         
Phillips, Chair, Senators Halford, Cowdery, Therriault, Ellis.                                      
                                                                                                    
The resolution is on today's calendar.                                                              
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 44                                                                                            
SENATE JOINT RESOLUTION NO. 44 BY THE SENATE LABOR                                                  
AND COMMERCE COMMITTEE,                                                                             
                                                                                                    
               Relating to preparation of a joint state-federal                                    
          research and development plan.                                                            
                                                                                                    

2002-04-09                     Senate Journal                      Page 2684
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 291                                                                                            
SENATE BILL NO. 291 "An Act making supplemental and other                                           
appropriations; amending appropriations; and providing for an                                       
effective date" was read the second time.                                                           
                                                                                                    
Senator Phillips, Chair, moved and asked unanimous consent for the                                  
adoption of the Rules Committee Substitute offered on page 2682.                                    
Without objection, CS FOR SENATE BILL NO. 291(RLS) was                                              
adopted and read the second time.                                                                   
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 291(RLS) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 291(RLS)                                          
"An Act making supplemental and other appropriations; amending                                      
appropriations; and providing for an effective date" pass the Senate?"                              
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 291(RLS)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Lincoln                                                                                   
                                                                                                    
and so, CS FOR SENATE BILL NO. 291(RLS) passed the Senate.                                          

2002-04-09                     Senate Journal                      Page 2685
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered and the bill was referred                              
to the Secretary for engrossment.                                                                   
                                                                                                    
SB 338                                                                                            
SENATE BILL NO. 338 "An Act making certain individuals                                              
convicted of crimes ineligible for permanent fund dividends and                                     
relating to certain payments of compensation from the crime victim                                  
compensation fund; and providing for an effective date" was read the                                
second time.                                                                                        
                                                                                                    
Senator Kelly, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 2585.                                  
Without objection, CS FOR SENATE BILL NO. 338(FIN) "An Act                                          
making certain individuals convicted of crimes ineligible for                                       
permanent fund dividends; relating to appropriations from the                                       
dividend fund; to certain payments of compensation from the crime                                   
victim compensation fund; to state aid for certain obligees with child                              
support arrearages; and providing for an effective date" 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. 338(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 338(FIN)                                          
"An Act making certain individuals convicted of crimes ineligible for                               
permanent fund dividends; relating to appropriations from the                                       
dividend fund; to certain payments of compensation from the crime                                   
victim compensation fund; to state aid for certain obligees with child                              
support arrearages; and providing for an effective date" pass the                                   
Senate?" The roll was taken with the following result:                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2686
                                                                                                    
CSSB 338(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Kelly, Leman, Olson, Phillips, Stevens, Taylor, Therriault,                                
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Hoffman                                                                                      
                                                                                                    
Excused:  Lincoln                                                                                   
                                                                                                    
and so, CS FOR SENATE BILL NO. 338(FIN) passed the Senate.                                          
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered and the bill was referred                              
to the Secretary for engrossment.                                                                   
                                                                                                    
SB 356                                                                                            
SENATE BILL NO. 356 "An Act relating to the authority of the                                        
Department of Environmental Conservation to issue general and                                       
individual permits for waste disposal; and providing for an effective                               
date" 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.                                                      
                                                                                                    
SENATE BILL NO. 356 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 356 "An Act relating                                     
to the authority of the Department of Environmental Conservation to                                 
issue general and individual permits for waste disposal; and providing                              
for an effective date" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2687
SB 356                                                                                              
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Green, Halford,                                           
Hoffman, Kelly, Leman, Olson, Phillips, Stevens, Taylor, Therriault,                                
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Ellis, Elton                                                                                 
                                                                                                    
Excused:  Lincoln                                                                                   
                                                                                                    
and so, SENATE BILL NO. 356 passed the Senate.                                                      
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clauses. Without objection, it was so ordered.                                                      
                                                                                                    
Senator Elton gave notice of reconsideration.                                                       
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 140                                                                                            
CS FOR SENATE BILL NO. 140(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 140(FIN)                                          
"An Act relating to regulation and licensing of certain water-power                                 
development projects; and providing for an effective date" pass the                                 
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 140(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Green, Halford,                                           
Hoffman, Kelly, Leman, Olson, Phillips, Stevens, Taylor, Therriault,                                
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Ellis, Elton                                                                                 
                                                                                                    
Excused:  Lincoln                                                                                   

2002-04-09                     Senate Journal                      Page 2688
                                                                                                    
and so, CS FOR SENATE BILL NO. 140(FIN) passed the Senate.                                          
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered.                                                       
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                     Second Reading of House Resolutions                                         
                                                                                                    
HCR 20                                                                                            
CS FOR HOUSE CONCURRENT RESOLUTION NO. 20(MLV)                                                      
Relating to declaring September 11, 2002, as a Day of Remembrance,                                  
was read the second time.                                                                           
                                                                                                    
Senator Therriault, Chair, moved and asked unanimous consent for the                                
adoption of the State Affairs Senate Committee Substitute offered on                                
page 2609. Without objection, SENATE CS FOR CS FOR HOUSE                                            
CONCURRENT RESOLUTION NO. 20(STA) was adopted, read the                                             
second time and was before the Senate on final passage.                                             
                                                                                                    
Senators Taylor, Wilken, Cowdery, Phillips, Leman, Ellis, Olson,                                    
Ward, Donley, Davis, Austerman, Halford, Kelly moved and asked                                      
unanimous consent to be shown as cross sponsors on the resolution.                                  
Without objection, it was so ordered.                                                               
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE                                               
CONCURRENT RESOLUTION NO. 20(STA) Relating to declaring                                             
September 11, 2002, as a Day of Remembrance, pass the Senate?" The                                  
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHCR 20(STA)                                                                                   
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Lincoln                                                                                   

2002-04-09                     Senate Journal                      Page 2689
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE CONCURRENT                                                       
RESOLUTION NO. 20(STA) passed the Senate and was referred to                                        
the Secretary for engrossment.                                                                      
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Service High School Hockey Team, State Champions                                         
Representative(s) Green                                                                             
Senator(s) Ward, Hoffman, Ellis, Stevens, Phillips, Donley, Halford,                                
Leman, Wilken, Elton, Davis, Lincoln, Austerman, Taylor, Kelly,                                     
Green                                                                                               
                                                                                                    
Honoring - Dimond High School Hockey Team, State Runner-up                                          
Representative(s) Green                                                                             
Senator(s) Ward, Hoffman, Ellis, Stevens, Phillips, Donley, Halford,                                
Leman, Wilken, Elton, Davis, Lincoln, Austerman, Taylor, Kelly,                                     
Green                                                                                               
                                                                                                    
In Memoriam - Celia Hunter                                                                          
Representative(s) Davies                                                                            
Senator(s) Wilken, Hoffman, Ellis, Stevens, Halford, Leman, Elton,                                  
Davis, Lincoln, Austerman, Taylor, Kelly, Green, Olson, Therriault                                  
                                                                                                    
In Memoriam - Linda Rae Russell                                                                     
Representative(s) Green                                                                             
Senator(s) Ward, Hoffman, Stevens, Donley, Halford, Leman, Wilken,                                  
Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green                                              
                                                                                                    
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.                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2690
                             Unfinished Business                                                 
                                                                                                    
                     Reconsideration of House Resolutions                                        
                                                                                                    
HJR 44                                                                                            
Senator Taylor requested that the reconsideration on SENATE CS                                      
FOR CS FOR HOUSE JOINT RESOLUTION NO. 44(RES) Strongly                                              
urging the President of the United States, the United States Congress,                              
and appropriate federal officials to support the construction and                                   
operation of the Alaska Highway Natural Gas Pipeline route, be taken                                
up. The resolution was before the Senate on reconsideration.                                        
                                                                                                    
Senator Taylor moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 1.                                    
Without objection, the resolution was returned to second reading.                                   
                                                                                                    
Senator Taylor offered Amendment No. 1 :                                                             
                                                                                                    
Page 5, lines 16 - 17:                                                                              
 Delete "in the United States"                                                                      
                                                                                                    
Senator Taylor moved for the adoption of Amendment No. 1. Without                                   
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
44(RES) am S was automatically in third reading on reconsideration.                                 
                                                                                                    
Senator Donley moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 2.                                    
Without objection, the resolution was returned to second reading.                                   
                                                                                                    
Senator Donley offered Amendment No. 2 :                                                             
                                                                                                    
Page 5, line 4, following "pipeline":                                                               
 Insert "for in-state consumption and value-added manufacture"                                      
                                                                                                    
Senator Donley moved for the adoption of Amendment No. 2. Without                                   
objection, Amendment No. 2 was adopted.                                                             
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2691
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
44(RES) am S was automatically in third reading on reconsideration.                                 
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE JOINT RESOLUTION NO. 44(RES) am S Strongly urging                                             
the President of the United States, the United States Congress, and                                 
appropriate federal officials to support the construction and operation                             
of the Alaska Highway Natural Gas Pipeline route, pass the Senate?"                                 
The roll was taken with the following result:                                                       
                                                                                                    
SCS CSHJR 44(RES) am S                                                                              
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Lincoln                                                                                   
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                                                 
NO. 44(RES) am S passed the Senate on reconsideration and was                                       
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 390                                                                                            
Senator Stevens, Chair, moved and asked unanimous consent that the                                  
Labor and Commerce Committee referral be waived on HOUSE BILL                                       
NO. 390 "An Act extending the termination dates of certain activities                               
and salmon marketing programs of the Alaska Seafood Marketing                                       
Institute and 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." Without objection, the bill was referred to the Rules Committee.                             
                                                                                                    
SJR 37                                                                                            
The reconsideration on SENATE JOINT RESOLUTION NO. 37                                               
Proposing an amendment to the Constitution of the State of Alaska                                   
relating to officers and employees of the executive branch, was not                                 
taken up this legislative day and the resolution was referred to the                                
Secretary for engrossment.                                                                          

2002-04-09                     Senate Journal                      Page 2692
SJR 38                                                                                            
The reconsideration on SENATE JOINT RESOLUTION NO. 38                                               
Proposing amendments to the Constitution of the State of Alaska                                     
relating to information regarding proposed expenditures, was not taken                              
up this legislative day and the resolution was referred to the Secretary                            
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
SB 291                                                                                            
CS FOR SENATE BILL NO. 291(RLS) "An Act making                                                      
supplemental and other appropriations; amending appropriations; and                                 
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
SB 338                                                                                            
CS FOR SENATE BILL NO. 338(FIN) "An Act making certain                                              
individuals convicted of crimes ineligible for permanent fund                                       
dividends; relating to appropriations from the dividend fund; to certain                            
payments of compensation from the crime victim compensation fund;                                   
to state aid for certain obligees with child support arrearages; and                                
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
SJR 37                                                                                            
SENATE JOINT RESOLUTION NO. 37 Proposing an amendment to                                            
the Constitution of the State of Alaska relating to officers and                                    
employees of the executive branch, was engrossed, signed by the                                     
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2693
SJR 38                                                                                            
SENATE JOINT RESOLUTION NO. 38 Proposing amendments to                                              
the Constitution of the State of Alaska relating to information                                     
regarding proposed expenditures, was engrossed, signed by the                                       
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
HJR 44                                                                                            
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
44(RES) am S Strongly urging the President of the United States, the                                
United States Congress, and appropriate federal officials to support the                            
construction and operation of the Alaska Highway Natural Gas                                        
Pipeline route, was engrossed, signed by the President and Secretary                                
and returned to the House for consideration.                                                        
                                                                                                    
HCR 20                                                                                            
SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION                                                    
NO. 20(STA) Relating to declaring September 11, 2002, as a Day of                                   
Remembrance, was engrossed, signed by the President and Secretary                                   
and returned to the House for consideration.                                                        
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SB 260                                                                                            
SENATE BILL NO. 260 "An Act relating to historic and antique                                        
motor vehicles; and providing for an effective date" was enrolled,                                  
signed by the President and Secretary, Speaker and Chief Clerk and                                  
the engrossed and enrolled copies transmitted to the Office of the                                  
Governor at 12:27 p.m., April 9, 2002.                                                              
                                                                                                    
SB 343                                                                                            
CS FOR SENATE BILL NO. 343(RES) "An Act clarifying the term                                         
'best technology' required for use in oil discharge prevention and                                  
contingency plans; affirming existing Department of Environmental                                   
Conservation regulations defining 'best technology' and oil discharge                               
prevention and contingency plans approved using those regulations;                                  
and providing for an effective date" was enrolled, signed by the                                    
President and Secretary, Speaker and Chief Clerk and the engrossed                                  
and enrolled copies transmitted to the Office of the Governor at 12:27                              
p.m., April 9, 2002.                                                                                

2002-04-09                     Senate Journal                      Page 2694
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., April 10, 2002. Without                                      
objection, the Senate adjourned at 12:10 p.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2002                       

2002-04-09                     Senate Journal                      Page 2695
                                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 10        Wednesday                    Fahrenkamp 203             1:30 PM                     
+ HB 289 MUNICIPAL MANAGER PLAN                                                                     
+ HB 296 MUNICIPAL MERGER AND CONSOLIDATION                                                         
                                                                                                    
Apr 12        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 09        Tuesday                   Senate Finance 532            9:00 AM                     
= HB   4 MOTOR VEHICLES & DRUNK DRIVING                                                             
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
Apr 10        Wednesday                 Senate Finance 532            9:00 AM                     
= SB 226 HIGHWAY DESIGN & CONSTRUCTION                                                              
     SB 219 FED/STATE NAVIGABLE WATERS COMMISSION                                                   
= SB 280 WATER/SEWER/WASTE GRANTS TO UTILITIES                                                      
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
Apr 11        Thursday                  Senate Finance 532            9:00 AM                     
     HB 191 FINANCING FOR TRANSPORTATION PROJECTS                                                   
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2696
                             FINANCE (Continued)                                                 
                                                                                                    
Apr 12        Friday                    Senate Finance 532            9:00 AM                     
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 10        Wednesday                       Butrovich 205           1:30 PM                     
     HB 402 ALASKA TEMPORARY ASSISTANCE PROGRAM                                                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 11        Thursday                           Capitol 106          3:00 PM                     
              -- Time and Location Change --                                                        
              Joint w/(H)                                                                           
              Report: Suicide Prevention Council                                                    
                                                                                                    
Apr 12        Friday                          Butrovich 205           1:30 PM                     
              -- Continued from 4/3/02 --                                                           
              Statewide School Safety Report/                                                       
              McQueen School Closure, Kivalina                                                      
                                                                                                    
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 10        Wednesday                             Beltz 211         1:30 PM                     
+ SB 231 CORRECTIONAL FACILITY EXPANSION                                                            
+= SB 295 LICENSING:DISCLOSURE OF MINORS RECORDS                                                    
+= SB 302 MENTAL HEALTH PROFESSIONALS                                                               
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 12        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2697
                            JUDICIARY (Continued)                                                
                                                                                                    
Apr 13        Saturday                    Fbx Lio Conf Rm             3:00 PM                     
              -- Time and Location Change --                                                        
+ HB 307 OIL/GAS EXPLORATION INCENTIVE CREDIT                                                       
+= SCR 25 FISH & WILDLIFE PUBLIC TRUST/ANILCA SUIT                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
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                                                       
+= SB 309 ADVERSE POSSESSION                                                                        
+ HB 480 DEATH/SURVIVOR BENEFITS IN PERS & TRS                                                      
+= HB 355 MOBILE TELECOMMUNICATIONS TAX                                                             
+ HB 128 APPROVAL FOR EMPLOYMENT OF MINORS                                                          
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Apr 10        Wednesday                       Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 12        Friday                          Butrovich 205           3:30 PM                     
+ SB  14 TRACKING OF PESTICIDE USE                                                                  
+= HB 241 RAIL AND UTILITY CORRIDOR TO CANADA                                                       
+ HB 420 REPEAL SUNSET FOR TEMP WATER USE PERMITS                                                   
+ HB 421 WATER USE ACT PROCEDURES & RECORDS                                                         
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2698
                                    RULES                                                        
                                                                                                    
Apr 09        Tuesday                      Fahrenkamp 203           10:30 AM                      
     SB 250 SCHOOL PERFORMANCE REPORTS                                                              
              <Above Bill Postponed>                                                                
     SB 291 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                 
     SCR 26 AVALANCHE AWARENESS MONTH                                                               
     HCR 20 SEPT 11 DAY OF REMEMBRANCE                                                              
                                                                                                    
Apr 10        Wednesday                    Fahrenkamp 203           10:30 AM                      
= SB 205 CONTROL OF NUISANCE WILD ANIMALS                                                           
     SB 263 REAL PROPERTY CONVEYANCES                                                               
     SB 269 NAMING BONDSTEEL BRIDGE OF HONOR                                                        
     SB 274 PHYSICIANS' LOCUM TENENS PERMITS                                                        
     SB 324 PUBLIC UTILITIES EXEMPT FROM REGULATION                                                 
     SB 345 SCHOOL SERVICES  FOR DISABLED STUDENTS                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 09        Tuesday                               Beltz 211         3:30 PM                     
     HB 216 BD OF FISHERIES MEETINGS/EMERGENCY ORDERS                                               
     HCR 26 HOUSE ARREST/ELECTRONIC MONITORING                                                      
     SCR 30 ALASKA SALMON DAY                                                                       
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 11        Thursday                              Beltz 211         3:30 PM                     
= HB 254 STATE RETIREMENT SYSTEMS/WARRANTS                                                          
     HB 374 NAMING DOUTHIT VETERANS' MEMORIAL BRIDGE                                                
     SB  15 INSURANCE COVERAGE FOR CONTRACEPTIVES                                                   
     SB 355 LET ME HELP ACCOUNT                                                                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 09        Tuesday                         Butrovich 205           1:30 PM                     
     SB 358 NAMING STATE FERRIES                                                                    
= SB 100 ELECTRIC PERSONAL VEHICLES/ REGISTRATION                                                   
              <Above Item Rescheduled from 4/4/02>                                                  
     SB 348 MOTOR VEHICLE REPAIRS                                                                   
              <Above Item Rescheduled to 4/11/02>                                                   
     HB 405 CRIMES ON OR AGAINST STATE VESSELS                                                      
              Bills Previously Heard/Scheduled                                                      
                                                                                                    

2002-04-09                     Senate Journal                      Page 2699
                          TRANSPORTATION (Continued)                                             
                                                                                                    
Apr 11        Thursday                        Butrovich 205           1:30 PM                     
= SB 348 MOTOR VEHICLE REPAIRS                                                                      
              <Above Item Rescheduled from 4/9/02>                                                  
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                ADMINISTRATION                                                   
                                                                                                    
Apr 12        Friday                                Beltz 211        12:30 PM                     
              Dept of Administration                                                                
              FY03 Budget Hearing Closeout                                                          
                   ----------------------------------------                                        
                                                                                                    
                      COMMUNITY AND ECONOMIC DEVELOPMENT                                         
                                                                                                    
Apr 09        Tuesday                   Senate Finance 532            3:30 PM                     
              Department Closeout                                                                   
                   ----------------------------------------                                        
                                                                                                    
                                 CORRECTIONS                                                     
                                                                                                    
Apr 11        Thursday                              Beltz 211        12:30 PM                     
              Budget Hearing and Closeout                                                           
                   ----------------------------------------                                        
                                                                                                    
                                 COURT SYSTEM                                                    
                                                                                                    
Apr 11        Thursday                     Terry Miller 104           8:00 AM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                        EDUCATION & EARLY DEVELOPMENT                                            
                                                                                                    
Apr 10        Wednesday                    Terry Miller 104           8:00 AM                     
              Dept of Ed and Early Development                                                      
              FY03 Operating Budget Closeout                                                        
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2700
                      FINANCE SUBCOMMITTEES (Continued)                                          
                                                                                                    
                          ENVIRONMENTAL CONSERVATION                                             
                                                                                                    
Apr 11        Thursday                              Beltz 211         8:00 AM                     
              Dept of Environmental Conservation                                                    
              Operating Budget Closeout                                                             
                   ----------------------------------------                                        
                                                                                                    
                                 FISH & GAME                                                     
                                                                                                    
Apr 10        Wednesday                 Senate Finance 532            3:30 PM                     
              Department Closeout                                                                   
                   ----------------------------------------                                        
                                                                                                    
                                   GOVERNOR                                                      
                                                                                                    
Apr 10        Wednesday                 Senate Finance 532            5:00 PM                     
              Governor's Office                                                                     
              FY03 Operating Budget Closeout                                                        
                   ----------------------------------------                                        
                                                                                                    
                           HEALTH & SOCIAL SERVICES                                              
                                                                                                    
Apr 09        Tuesday                            Capitol 106         12:30 PM                     
              FY03 Budget Closeout                                                                  
                   ----------------------------------------                                        
                                                                                                    
                        LABOR & WORKFORCE DEVELOPMENT                                            
                                                                                                    
Apr 09        Tuesday                               Beltz 211        12:30 PM                     
              Budget Hearing and Closeout                                                           
                   ----------------------------------------                                        
                                                                                                    
                                     LAW                                                         
                                                                                                    
Apr 09        Tuesday                            Capitol 124          8:00 AM                     
              Dept of Law Overview                                                                  
                                                                                                    
Apr 12        Friday                       Terry Miller 104           8:00 AM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-09                     Senate Journal                      Page 2701
                      FINANCE SUBCOMMITTEES (Continued)                                          
                                                                                                    
                                 LEGISLATURE                                                     
                                                                                                    
Apr 09        Tuesday                   Senate Finance 532            5:00 PM                     
              Legislature                                                                           
              FY03 Operating Budget Closeout                                                        
                   ----------------------------------------                                        
                                                                                                    
                        MILITARY AND VETERANS AFFAIRS                                            
                                                                                                    
Apr 09        Tuesday                         Butrovich 205           3:30 PM                     
              Budget Hearing and Closeout                                                           
                   ----------------------------------------                                        
                                                                                                    
                              NATURAL RESOURCES                                                  
                                                                                                    
Apr 09        Tuesday                         Butrovich 205           5:00 PM                     
              Overview: Dept of Natural Resources                                                   
              Operating Budget                                                                      
                                                                                                    
Apr 12        Friday                          Butrovich 205           8:00 AM                     
              Dept of Natural Resources Operating                                                   
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                                PUBLIC SAFETY                                                    
                                                                                                    
Apr 11        Thursday                     Fahrenkamp 203             3:30 PM                     
              Budget Hearing and Closeout                                                           
                   ----------------------------------------                                        
                                                                                                    
                      TRANSPORTATION & PUBLIC FACILITIES                                         
                                                                                                    
Apr 10        Wednesday                             Beltz 211        12:30 PM                     
              Budget Hearing and Closeout                                                           
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
Apr 10        Wednesday                          Capitol 102          8:30 AM                     
+             Proposed Regulations on Occupational                                                  
              Safety and Health Including Ergonomics                                                
                   ----------------------------------------                                        

2002-04-09                     Senate Journal                      Page 2702
                            NATURAL GAS PIPELINES                                                
                                                                                                    
Apr 10        Wednesday                       Butrovich 205           3:30 PM                     
+             Dr. Doug Reynolds:                                                                    
              Economic Models of Pipeline Projects                                                  
                   ----------------------------------------                                        
                                                                                                    
                      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                                                                
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Apr 09        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Child Abuse Prevention Network