Legislature(2001 - 2002)

2002-04-10 Senate Journal

Full Journal pdf

2002-04-10                     Senate Journal                      Page 2703
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                     April 10, 2002                     
                                                                                                    
                              Eighty-seventh Day                                                 
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:23 a.m.                                                                               
                                                                                                    
The roll showed sixteen members present. Senators Donley, Green,                                    
Kelly, Therriault were absent.                                                                      
                                                                                                    
The prayer was offered by the Chaplain, Pastor Mike Rose of the                                     
Juneau Christian Center. Senator Hoffman moved and asked                                            
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
     Heavenly Father, thank You for this day, and the opportunity                                   
     we have to live this day to its fullest in this great state of                                 
     Alaska. Lord, help us to navigate today without the burden of                                  
     yesterday's regrets, and the heaviness of tomorrow's worries,                                  
     as we were not designed to carry that heavy load of care.                                      
     Help us to remember that all the water in the world, however                                   
     hard it tried could never ever sink a ship unless it got inside,                               
     and all the troubles in this life might wear us pretty thin, but                               
     they won't hurt us one least bit, unless we let them in. Help us                               
     remember the instructions in Your Word, which tell us not to                                   
     worry about anything, but to pray about everything, and we                                     
     will have Your peace.                                                                          
                                                                                                    
     Lord, we ask today that You would give the Senate special                                      
     wisdom and direction regarding the important decisions that                                    
     are being made in this chamber. We also ask You to bless and                                   
     protect the families of the Senate and the House today. We                                     
     also pray for Your guidance and direction for our President                                    
     and his advisors in decisions being made regarding the                                         
     Middle East crisis.                                                                            
                                                                                                    

2002-04-10                     Senate Journal                      Page 2704
               Thank You for being a God Who hears and answers                                     
        prayer! In Jesus' Name I pray.                           Amen.                             
                                                                                                    
Senator Cowdery led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the eighty-sixth legislative day be approved as certified by the                                
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
The presence of Senator Therriault was noted.                                                       
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HB 343                                                                                            
Message dated April 9 was read, stating the House concurred in the                                  
Senate amendment to CS FOR HOUSE BILL NO. 343(FIN), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          343(RLS)"An Act extending the termination date of                                         
          the Board of Professional Counselors; and relating to                                     
          licensing of professional counselors."                                                    
                                                                                                    
Message dated April 9 was read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HJR 38                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 38(L&C) BY THE                                                    
HOUSE LABOR AND COMMERCE COMMITTEE,                                                                 
                                                                                                    
            Relating to urging the United States Congress to pass                                  
          terrorism risk protection legislation.                                                    
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               

2002-04-10                     Senate Journal                      Page 2705
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 160                                                                                            
CS FOR HOUSE BILL NO. 160(JUD) BY THE HOUSE                                                         
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act requiring the reporting of induced                                                
          terminations of pregnancies."                                                             
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
HB 207                                                                                            
CS FOR HOUSE BILL NO. 207(RLS) BY THE HOUSE RULES                                                   
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act moving election district 24 as described in                                       
          the Constitution of the State of Alaska at statehood                                      
          from the Second Judicial District to the Fourth                                           
          Judicial District and adding the Nabesna area to the                                      
          Third Judicial District and removing it from the                                          
          Fourth Judicial District."                                                                
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 411                                                                                            
HOUSE BILL NO. 411 BY REPRESENTATIVES FATE, McGuire;                                                
Senator Olson, entitled:                                                                            
                                                                                                    
          "An Act relating to physician assistants; providing                                       
          that a physician assistant is a health care provider                                      
          covered by certain laws relating to medical                                               
          malpractice actions; adding physician assistants to                                       
          the list of providers against whom unfair                                                 
          discrimination relating to health care insurance is                                       
          prohibited and to the list of providers who can                                           
          provide proof of disablement or handicap for the                                          
          purpose of motor vehicle registration or for the                                          
          purpose of obtaining a special license plate or a                                         
          special parking permit; and providing for an effective                                    
          date."                                                                                    

2002-04-10                     Senate Journal                      Page 2706
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following Budget and Audit Report was received from Pat                                         
Davidson, Legislative Auditor, in accordance with AS 24.20.311 and                                  
is on file in the Office of the Secretary of the Senate:                                            
                                                                                                    
Department of Labor and Workforce Development, State Training and                                   
Education Program, March 6, 2002                                                                    
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 100                                                                                            
The Transportation Committee considered SPONSOR SUBSTITUTE                                          
FOR SENATE BILL NO. 100 "An Act relating to regulation and                                          
operation of electric personal motor vehicles and to vehicle                                        
registration" and recommended it be replaced with                                                   
                                                                                                    
                     CS FOR SPONSOR SUBSTITUTE FOR SENATE                                          
               BILL NO. 100(TRA) "An Act relating to regulation                                    
          and operation of electric personal motor vehicles."                                       
                                                                                                    
Signing no recommendation: Senator Cowdery, Chair, Senators                                         
Wilken, Taylor. Signing do pass: Senator Ward. Signing do not pass:                                 
Senator Elton.                                                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Senate Transportation Committee                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
The presence of Senators Kelly, Donley was noted.                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2707
SB 185                                                                                            
The Finance Committee considered SENATE BILL NO. 185 "An Act                                        
relating to the basis for determining eligibility for and the amount of                             
power cost equalization payments; and providing for an effective date"                              
and recommended it be replaced with                                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 185(FIN)                                                           
          (forthcoming)                                                                             
                                                                                                    
Signing do pass: Senator Donley, Cochair, Senator Wilken. Signing no                                
recommendation: Senator Kelly, Cochair, Senators Austerman,                                         
Hoffman, Olson, Leman, Ward.                                                                        
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Senate Finance Committee                                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 226                                                                                            
The Finance Committee considered SPONSOR SUBSTITUTE FOR                                             
SENATE BILL NO. 226 "An Act requiring highways to be designed                                       
and constructed so that they will adequately serve anticipated traffic                              
levels for the next 30 years; and providing for an effective date" and                              
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SPONSOR SUBSTITUTE FOR SENATE                                                      
          BILL NO. 226(FIN) "An Act relating to design of                                           
          highway projects; and providing for an effective                                          
          date."                                                                                    
                                                                                                    
Signing do pass: Senators Donley, Kelly, Cochairs, Senators                                         
Austerman, Wilken, Ward. Signing no recommendation: Senators                                        
Hoffman, Olson, Leman.                                                                              
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2708
SB 340                                                                                            
The Finance Committee considered SENATE BILL NO. 340 "An Act                                        
relating to treatment of permanent fund dividends for purposes of                                   
determining eligibility for certain benefits; and providing for an                                  
effective date" and recommended it be replaced with                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 340(FIN) "An Act                                                   
          relating to public notice of information relating to                                      
          permanent fund dividends, and to treatment of                                             
          permanent fund dividends for purposes of                                                  
          determining eligibility for certain benefits; and                                         
          providing for an effective date."                                                         
                                                                                                    
Signing do pass: Senator Kelly, Cochair, Senators Green, Wilken,                                    
Ward. Signing do not pass: Senator Hoffman.                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Revenue                                                     
 Fiscal Note No. 2, Department of Revenue                                                           
 Fiscal Note No. 3, Department of Health and Social Services                                        
 Fiscal Note No. 4, Department of Health and Social Services                                        
 Fiscal Note No. 5, Department of Health and Social Services                                        
 Fiscal Note No. 6, Department of Health and Social Services                                        
 Fiscal Note No. 7, Department of Health and Social Services                                        
 Fiscal Note No. 8, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 358                                                                                            
The Transportation Committee considered SENATE BILL NO. 358                                         
"An Act naming state ferries." Signing do pass: Senator Cowdery,                                    
Chair, Senators Wilken, Elton, Ward. Signing no recommendation:                                     
Senator Taylor.                                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Senate Transportation Committee                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2709
HB 405                                                                                            
The Transportation Committee considered HOUSE BILL NO. 405                                          
"An Act relating to the prosecution of criminal offenses committed on                               
or against ferries and other watercraft owned or operated by the state;                             
and providing for an effective date." Signing do pass: Senator                                      
Cowdery, Chair, Senators Wilken, Elton, Ward. Signing amend:                                        
Senator Taylor.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SCR 30                                                                                            
The State Affairs Committee considered SENATE CONCURRENT                                            
RESOLUTION NO. 30 Relating to Alaska Salmon Day. Signing do                                         
pass: Senator Therriault, Chair, Senators Davis, Stevens, Halford.                                  
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Senate State Affairs Committee                                            
                                                                                                    
The resolution was referred to the Resources Committee.                                             
                                                                                                    
HCR 26                                                                                            
The State Affairs Committee considered CS FOR HOUSE                                                 
CONCURRENT RESOLUTION NO. 26(STA) Supporting increased                                              
use of the house arrest program/electronic monitoring with sobriety                                 
monitoring as a means of preventing crime and reducing the high costs                               
of imprisonment in Alaska. Signing do pass: Senator Therriault, Chair,                              
Senators Halford, Phillips, Stevens, Davis.                                                         
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House State Affairs Committee                                             
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2710
SB 269                                                                                            
The Rules Committee considered SENATE BILL NO. 269 "An Act                                          
naming bridge number 1121, across the Knik River, the Sergeant                                      
James Bondsteel Bridge of Honor; and providing for an effective                                     
date." Signing to calendar: Senator Phillips, Chair, Senators Cowdery,                              
Halford, Ellis.                                                                                     
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 274                                                                                            
The Rules Committee considered SENATE BILL NO. 274 "An Act                                          
relating to issuance of a locum tenens permit for a physician or                                    
osteopath; and providing for an effective date." Signing to calendar:                               
Senator Phillips, Chair, Senators Cowdery, Halford, Ellis.                                          
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 359                                                                                            
SENATE BILL NO. 359 BY THE SENATE COMMUNITY AND                                                     
REGIONAL AFFAIRS COMMITTEE, entitled:                                                               
                                                                                                    
             "An Act relating to organization grants for mergers,                                  
            consolidations, or unifications involving third class                                  
          boroughs."                                                                                
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Finance Committees.                                                                     
                                                                                                    
SB 360                                                                                            
SENATE BILL NO. 360 BY THE SENATE RESOURCES                                                         
COMMITTEE, entitled:                                                                                
                                                                                                    
"An Act establishing additional requirements for the consideration of                               
applications under the Right-of-Way Leasing Act for an Alaska North                                 
Slope natural gas project, authorizing expeditious priority treatment of                            
all applications under that Act and under other relevant state laws for                             
issuance of a right-of-way lease for that project, authorizing the                                  

2002-04-10                     Senate Journal                      Page 2711
commissioner of natural resources to act to modify the terms of certain                             
state oil and gas leases related to the project and to act, with legislative                        
approval, to waive, reduce, or defer the collection of royalties due the                            
state, and authorizing the commissioner of revenue to act, with                                     
legislative approval, to waive, reduce, or defer the levy and collection                            
of taxes by the state and municipalities under the oil and gas                                      
exploration, production, and pipeline transportation property tax                                   
related to the project, authorizing the Alaska Railroad Corporation to                              
provide financing for the acquisition, construction, improvement,                                   
maintenance, equipping, operation, or expansion of the project and                                  
related facilities for the transportation of natural gas within and outside                         
the state by others and the corporation's issuance of its bonds to                                  
finance the project and facilities, and limiting consideration of judicial                          
challenges to decisions made with respect to that project under this                                
Act; and providing for an effective date."                                                          
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
Senator Leman moved and asked unanimous consent that Senator                                        
Green be excused from a call of the Senate due to illness. Without                                  
objection, Senator Green was excused.                                                               
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 269                                                                                            
SENATE BILL NO. 269 "An Act naming bridge number 1121, across                                       
the Knik River, the Sergeant James Bondsteel Bridge of Honor; 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. 269 was read the third time.                                                        
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2712
The question being: "Shall SENATE BILL NO. 269 "An Act naming                                       
bridge number 1121, across the Knik River, the Sergeant James                                       
Bondsteel Bridge of Honor; and providing for an effective date" pass                                
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
SB 269                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Halford,                                    
Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Green                                                                                     
                                                                                                    
and so, SENATE BILL NO. 269 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 274                                                                                            
SENATE BILL NO. 274 "An Act relating to issuance of a locum                                         
tenens permit for a physician or osteopath; and providing for an                                    
effective date" was read the second time.                                                           
                                                                                                    
Senator Stevens, Chair, moved and asked unanimous consent for the                                   
adoption of the Labor and Commerce Committee Substitute offered on                                  
page 2338. Without objection, CS FOR SENATE BILL NO.                                                
274(L&C) was adopted and read the second time.                                                      
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 274(L&C) was read the third time.                                            
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2713
The question being: "Shall CS FOR SENATE BILL NO. 274(L&C)                                          
"An Act relating to issuance of a locum tenens permit for a physician                               
or osteopath; and providing for an effective date" pass the Senate?"                                
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 274(L&C)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Halford,                                    
Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Green                                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 274(L&C) 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.                                                                   
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
SB 250                                                                                            
Senator Phillips, Chair, moved and asked unanimous consent that the                                 
Rules Committee return SENATE BILL NO. 250 "An Act extending                                        
the dates for assignment of performance designations of public schools                              
and the dates for reports and monitoring based on those designations;                               
and providing for an effective date" to the Health, Education and                                   
Social Services Committee. Without objection, the bill was referred                                 
back to the Health, Education and Social Services Committee.                                        
                                                                                                    
HJR 44                                                                                            
President Halford stated the following message from the Chief Clerk                                 
of the House dated April 10 was received, stating:                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2714
Per your request, I am returning:                                                                   
                                                                                                    
          CS FOR HOUSE JOINT RESOLUTION NO.                                                         
          44(RES) am 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.                                                               
and                                                                                                 
                       SENATE CS FOR CS FOR HOUSE JOINT                                            
          RESOLUTION NO. 44(RES) am S                                                               
                                                                                                    
Senator Donley moved that the Senate rescind its previous action in                                 
passing 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. Without objection, the Senate rescinded its previous                                
action in passing the resolution and it was before the Senate in third                              
reading on reconsideration.                                                                         
                                                                                                    
Senator Donley moved that the resolution be returned to second                                      
reading for the purpose of a specific amendment, that being                                         
Amendment No. 3. Without objection, the resolution was returned to                                  
second reading.                                                                                     
                                                                                                    
Senator Donley offered Amendment No. 3 :                                                             
                                                                                                    
Page 5, line 4:                                                                                     
 Delete "for in-state consumption and value-added manufacture"                                      
                                                                                                    
Page 5, line 2, after "pipeline":                                                                   
 Insert "for in-state consumption and value-added manufacture"                                      
                                                                                                    
Senator Donley moved for the adoption of Amendment No. 3. Without                                   
objection, Amendment No. 3 was adopted.                                                             
                                                                                                    
The resolution was automatically in third reading on reconsideration.                               
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2715
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, Halford,                                    
Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Green                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                                                 
NO. 44(RES) am S(reengrossed) passed the Senate on reconsideration                                  
and was referred to the Secretary for engrossment.                                                  
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 356                                                                                            
Senator Therriault requested that the reconsideration on 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" be taken up.                               
The bill was before the Senate on reconsideration.                                                  
                                                                                                    
Senator Therriault moved that the bill be returned to second reading                                
for the purpose of a specific amendment, that being Amendment No.                                   
1. Without objection, the bill was returned to second reading.                                      
                                                                                                    
Senator Therriault offered Amendment No. 1 :                                                         
                                                                                                    
Page 2, lines 25 - 26, following "and":                                                             
 Delete "in the aggregate"                                                                          
 Insert  "cumulatively"                                                                             
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2716
Senator Therriault moved for the adoption of Amendment No. 1.                                       
Without objection, Amendment No. 1 was adopted.                                                     
                                                                                                    
The bill was automatically in third reading on reconsideration.                                     
                                                                                                    
The question to be reconsidered: "Shall SENATE BILL NO. 356 am                                      
"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:                                                           
                                                                                                    
SB 356 am                                                                                           
Third Reading - On Reconsideration                                                                  
Effective Dates                                                                                     
                                                                                                    
YEAS:  14   NAYS:  3   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Halford, Kelly, Leman, Lincoln,                                  
Olson, Phillips, Stevens, Taylor, Therriault, Ward, Wilken                                          
                                                                                                    
Nays:  Ellis, Elton, Hoffman                                                                        
                                                                                                    
Excused:  Green                                                                                     
                                                                                                    
Absent:  Davis, Torgerson                                                                           
                                                                                                    
and so, SENATE BILL NO. 356 am passed the Senate on                                                 
reconsideration.                                                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clauses. Without objection, it was so ordered and the bill was referred                             
to the Secretary for engrossment.                                                                   
                                                                                                    
SB 140                                                                                            
Senator Davis requested that the reconsideration on CS FOR SENATE                                   
BILL NO. 140(FIN) be taken up. The bill was before the Senate on                                    
reconsideration.                                                                                    
                                                                                                    
The question to be reconsidered: "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:                                          

2002-04-10                     Senate Journal                      Page 2717
                                                                                                    
CSSB 140(FIN)                                                                                       
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  15   NAYS:  3   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Halford, Hoffman, Kelly,                                         
Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault, Ward,                                 
Wilken                                                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton                                                                          
                                                                                                    
Excused:  Green                                                                                     
                                                                                                    
Absent:  Torgerson                                                                                  
                                                                                                    
and so, CS FOR SENATE BILL NO. 140(FIN) passed the Senate on                                        
reconsideration.                                                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered and the bill was referred                              
to the Secretary for engrossment.                                                                   
                                                                                                    
SB 278                                                                                            
President Halford added a Finance Committee referral to 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."                                                                   
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2718
                                 Engrossment                                                     
                                                                                                    
SB 140                                                                                            
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" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
SB 269                                                                                            
SENATE BILL NO. 269 "An Act naming bridge number 1121, across                                       
the Knik River, the Sergeant James Bondsteel Bridge of Honor; and                                   
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
SB 274                                                                                            
CS FOR SENATE BILL NO. 274(L&C) "An Act relating to issuance                                        
of a locum tenens permit for a physician or osteopath; and providing                                
for an effective date" was engrossed, signed by the President and                                   
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
SB 356                                                                                            
SENATE BILL NO. 356 am "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 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(reengrossed) 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.                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2719
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., April 11, 2002. Without                                      
objection, the Senate adjourned at 12:17 p.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2002                       

2002-04-10                     Senate Journal                      Page 2720
                                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 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 --                                                     
                                                                                                    
Apr 12        Friday                    Senate Finance 532            9:00 AM                     
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2721
                     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                                                      
= HB 418 ELECTRONIC PROXY VOTING & NOTIFICATION                                                     
                                                                                                    
Apr 12        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
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                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2722
                               LABOR & COMMERCE                                                  
                                                                                                    
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                                                      
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
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                                                  
                                                                                                    
Apr 11        Thursday                     Fahrenkamp 203           10:30 AM                      
     SB 340 HOLD HARMLESS PROVISIONS OF PFD PROGRAM                                                 
     SB 354 PRICES PAID BY MILK PROCESSING PLANTS                                                   
     SB 358 NAMING STATE FERRIES                                                                    
     HB 390 ASMI SALMON MARKETING &MARKTNG TAX                                                      
     HJR 35 REPEAL ESTATE TAX                                                                       

2002-04-10                     Senate Journal                      Page 2723
                                STATE AFFAIRS                                                    
                                                                                                    
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 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                                                          
                   ----------------------------------------                                        
                                                                                                    
                                 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                                                        

2002-04-10                     Senate Journal                      Page 2724
                      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                                                        
                   ----------------------------------------                                        
                                                                                                    
                                     LAW                                                         
                                                                                                    
Apr 12        Friday                       Terry Miller 104           8:00 AM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                              NATURAL RESOURCES                                                  
                                                                                                    
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                                                           
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-10                     Senate Journal                      Page 2725
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                      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                                                
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Apr 17        Wednesday                          Capitol 208          8:30 AM                     
              Information Technology Subcommittee                                                   
                   ----------------------------------------                                        
                                                                                                    
                            NATURAL GAS PIPELINES                                                
                                                                                                    
Apr 10        Wednesday                       Butrovich 205           3:30 PM                     
+             Dr. Doug Reynolds:                                                                    
              Economic Models of Pipeline Projects