Legislature(2001 - 2002)

2002-04-22 Senate Journal

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2002-04-22                     Senate Journal                      Page 2877
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Monday                      April 22, 2002                     
                                                                                                    
                               Ninety-ninth Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:41 a.m.                                                                               
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Greg Lindsay of the                                  
Northern Light United Church. Senator Olson moved and asked                                         
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          Respecting the various religious traditions here today,                                   
          I invite you to pause for a moment of prayer and                                          
          reflection. Let us pray:                                                                  
                                                                                                    
          Loving God, You have given us this day as a gift, and                                     
          we don't want to waste a minute of it. We desire to                                       
          use the hours and minutes in front of us to alleviate                                     
          suffering, to care for those most in need, and to make                                    
          Alaska great.                                                                             
                                                                                                    
          But God, we can't do those heroic things if we think                                      
          too highly of ourselves, if we forget those in need, or                                   
          if we get caught up in petty disagreements.                                               
                                                                                                    
          Focus our hearts and minds on what is most                                                
          important. Give us a renewed sense of purpose today.                                      
          Place Your spirit of cooperation among us that we                                         
          may see the best in our colleagues. May the work we                                       
          give You this day be our very best. And help us, O                                        
      God, to laugh a lot today.                                  Amen.                            
                                                                                                    
Senator Phillips led the Senate in the Pledge of Allegiance.                                        

2002-04-22                     Senate Journal                      Page 2878
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journals                                   
for the ninety-sixth through ninety-eighth legislative days be approved                             
as certified by the Secretary. Without objection, it was so ordered.                                
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated April 19 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HJR 47                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 47(RLS) BY THE                                                    
HOUSE RULES COMMITTEE,                                                                              
                                                                                                    
          Urging the United States Environmental Protection                                         
          Agency and the Alaska Department of Environmental                                         
          Conservation to provide maximum possible                                                  
          flexibility in application of ultra low sulfur diesel fuel                                
          requirements to Alaska.                                                                   
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
HCR 19                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 19 BY THE HOUSE                                                     
LABOR AND COMMERCE COMMITTEE,                                                                       
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning Senate Bill No. 176; prohibiting certain                                       
          coercive activity by distributors, relating to certain                                    
          required distributor payments and purchases;                                              
          prohibiting distributors from requiring certain                                           
          contract terms as a condition for certain acts related                                    
          to distributorship and ancillary agreements; allowing                                     
          dealers to bring certain court actions against                                            

2002-04-22                     Senate Journal                      Page 2879
          distributors for certain relief; and exempting from the                                   
          provisions of the Act franchises regulated by the                                         
          federal Petroleum Marketing Practices Act, situations                                     
          regulated by the Alaska Gasoline Products Leasing                                         
          Act, and distributorship agreements relating to motor                                     
          vehicles required to be registered under AS 28.10.                                        
                                                                                                    
was read the first time and placed on the Secretary's Desk.                                         
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 300                                                                                            
HOUSE BILL NO. 300 BY REPRESENTATIVES HAYES,                                                        
Rokeberg, entitled:                                                                                 
                                                                                                    
          "An Act relating to the procurement of certain travel                                     
          services."                                                                                
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
HB 393                                                                                            
CS FOR HOUSE BILL NO. 393(JUD) am BY THE HOUSE                                                      
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to unfair and deceptive trade                                            
          practices and to the sale of business opportunities;                                      
          amending Rules 4 and 73, Alaska Rules of Civil                                            
          Procedure; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the Labor and Commerce,                                     
Judiciary and Finance Committees.                                                                   
                                                                                                    
HB 408                                                                                            
CS FOR HOUSE BILL NO. 408(HES) BY THE HOUSE HEALTH,                                                 
EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled:                                                  
                                                                                                    
          "An Act relating to questionnaires and surveys                                            
          administered in the public schools."                                                      
                                                                                                    

2002-04-22                     Senate Journal                      Page 2880
was read the first time and referred to the Health, Education and Social                            
Services and Judiciary Committees.                                                                  
                                                                                                    
HB 504                                                                                            
CS FOR HOUSE BILL NO. 504(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
              "An Act relating to the wages of people working in                                   
          the fisheries business."                                                                  
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 176                                                                                            
Message dated April 19 was read, stating the House passed and                                       
returned for consideration CS FOR SENATE BILL NO. 176(L&C)                                          
am "An Act prohibiting certain coercive activity by distributors;                                   
relating to certain required distributor payments and purchases;                                    
prohibiting distributors from requiring certain contract terms as a                                 
condition for certain acts related to distributorship and ancillary                                 
agreements; allowing dealers to bring certain court actions against                                 
distributors for certain relief; and exempting from the provisions of the                           
Act franchises regulated by the federal Petroleum Marketing Practices                               
Act, situations regulated by the Alaska gasoline products leasing act,                              
and distributorship agreements relating to motor vehicles required to                               
be registered under AS 28.10" with the following amendment:                                         
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 176(RLS)                                                   
     "An Act prohibiting certain coercive activity by distributors;                                 
     relating to certain required distributor payments and                                          
     purchases; prohibiting distributors from requiring certain                                     
     contract terms as a condition for certain acts related to                                      
     distributorship and ancillary agreements; allowing dealers to                                  
     bring certain court actions against distributors for certain                                   
     relief; and making exemptions that relate to the federal                                       
     Petroleum Marketing Practices Act, situations regulated by                                     
     the Alaska Gasoline Products Leasing Act, distributorship                                      
     agreements relating to motor vehicles required to be                                           

2002-04-22                     Senate Journal                      Page 2881
     registered under AS 28.10, activities and agreements by                                        
     persons licensed under AS 04, contracts between persons                                        
     licensed under AS 04 and out-of-state persons in the alcoholic                                 
     beverage industry, distributorship agreements involving                                        
     cigarettes, food, drink, or components of food or drink,                                       
     manufacturers with 50 or fewer employees, suppliers,                                           
     manufacturers, importers, and wholesalers of alcoholic                                         
     beverages." (Title change authorized by HCR 19)                                                
                                                                                                    
HCR 19                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 19, which had been                                                  
placed on the Secretary's Desk (page 2879), was read the second time                                
and was before the Senate on final passage.                                                         
                                                                                                    
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 19 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning Senate Bill No. 176;                                    
prohibiting certain coercive activity by distributors, relating to certain                          
required distributor payments and purchases; prohibiting distributors                               
from requiring certain contract terms as a condition for certain acts                               
related to distributorship and ancillary agreements; allowing dealers to                            
bring certain court actions against distributors for certain relief; and                            
exempting from the provisions of the Act franchises regulated by the                                
federal Petroleum Marketing Practices Act, situations regulated by the                              
Alaska Gasoline Products Leasing Act, and distributorship agreements                                
relating to motor vehicles required to be registered under AS 28.10,                                
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
HCR 19                                                                                              
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens,                                  
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-22                     Senate Journal                      Page 2882
and so, HOUSE CONCURRENT RESOLUTION NO. 19 passed the                                               
Senate, was signed by the President and Secretary and returned to the                               
House.                                                                                              
                                                                                                    
SB 176                                                                                            
Senator Leman moved that the Senate concur in the House amendment                                   
to CS FOR SENATE BILL NO. 176(L&C) am.                                                              
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 176(RLS)                                                                                   
Shall the Senate concur in the House                                                                
amendment to CSSB 176(L&C) am?                                                                      
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Elton, Green, Hoffman, Kelly,                                     
Leman, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson                                      
                                                                                                    
Nays:  Donley, Ellis, Halford, Lincoln, Ward, Wilken                                                
                                                                                                    
Ellis changed from "Yea" to "Nay".                                                                  
Lincoln changed from "Yea" to "Nay".                                                                
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 176(RLS) "An Act                                                
prohibiting certain coercive activity by distributors; relating to certain                          
required distributor payments and purchases; prohibiting distributors                               
from requiring certain contract terms as a condition for certain acts                               
related to distributorship and ancillary agreements; allowing dealers to                            
bring certain court actions against distributors for certain relief; and                            
making exemptions that relate to the federal Petroleum Marketing                                    
Practices Act, situations regulated by the Alaska Gasoline Products                                 
Leasing Act, distributorship agreements relating to motor vehicles                                  
required to be registered under AS 28.10, activities and agreements by                              
persons licensed under AS 04, contracts between persons licensed                                    
under AS 04 and out-of-state persons in the alcoholic beverage                                      
industry, distributorship agreements involving cigarettes, food, drink,                             
or components of food or drink, manufacturers with 50 or fewer                                      
employees, suppliers, manufacturers, importers, and wholesalers of                                  
alcoholic beverages."                                                                               
                                                                                                    

2002-04-22                     Senate Journal                      Page 2883
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SCR 28                                                                                            
Message dated April 19 was read, stating the House passed and                                       
returned for consideration CS FOR SENATE CONCURRENT                                                 
RESOLUTION NO. 28(RES) with the following amendment:                                                
                                                                                                    
          HOUSE CS FOR CS FOR SENATE                                                                
          CONCURRENT RESOLUTION NO. 28(FIN)                                                         
          Establishing the Joint Legislative Salmon Industry                                        
          Task Force.                                                                               
                                                                                                    
Senator Leman moved that the Senate concur in the House                                             
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSCR 28(FIN)                                                                                   
Shall the Senate concur in the House                                                                
amendment to CSSCR 28(RES)?                                                                         
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens,                                  
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION                                                    
NO. 28(FIN) Establishing the Joint Legislative Salmon Industry Task                                 
Force.                                                                                              
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-22                     Senate Journal                      Page 2884
                               Recede Messages                                                   
                                                                                                    
HB 390                                                                                            
Message dated April 19 was read, stating the House failed to concur in                              
the Senate amendment to HOUSE BILL NO. 390 "An Act extending                                        
the termination dates of certain activities and salmon marketing                                    
programs of the Alaska Seafood Marketing Institute and of the salmon                                
marketing tax; expanding the allowable use of that tax for the salmon                               
marketing programs of the Alaska Seafood Marketing Institute;                                       
relating to the Alaska Seafood Marketing Institute's salmon marketing                               
committee; and providing for an effective date" and respectfully                                    
requests the Senate to recede from its amendment, namely:                                           
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 390(RLS) "An Act                                                  
     delaying the repeal of the salmon marketing tax; expanding                                     
     the allowable use of that tax for the salmon marketing                                         
     programs of the Alaska Seafood Marketing Institute; relating                                   
     to the Alaska Seafood Marketing Institute's salmon marketing                                   
     committee; and providing for an effective date." (Title change                                 
     authorized by SCR 32)                                                                          
                                                                                                    
In the event the Senate fails to recede, the Speaker has appointed the                              
following members to a Conference Committee to meet with a like                                     
committee from the Senate to consider the bills:                                                    
                                                                                                    
     Representative McGuire, Chair                                                                  
     Representative Scalzi                                                                          
     Representative Kerttula                                                                        
                                                                                                    
Senator Leman moved that the Senate recede from its amendment and                                   
recommended the body vote no.                                                                       
                                                                                                    
The question being: "Shall the Senate recede from its amendment?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-22                     Senate Journal                      Page 2885
                                                                                                    
SCS HB 390(RLS)                                                                                     
Shall the Senate recede from its                                                                    
amendment to HB 390?                                                                                
                                                                                                    
YEAS:  1   NAYS:  19   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Elton                                                                                        
                                                                                                    
Nays:  Austerman, Cowdery, Davis, Donley, Ellis, Green, Halford,                                    
Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Kelly changed from "Yea" to "Nay".                                                                  
                                                                                                    
and so, the Senate failed to recede.                                                                
                                                                                                    
The President appointed the following members to a Conference                                       
Committee to meet with the like committee from the House:                                           
                                                                                                    
     Senator Stevens, Chair                                                                         
     Senator Austerman                                                                              
     Senator Elton                                                                                  
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated April 19 was read stating:                                                             
                                                                                                    
In accordance with AS 39.05.080, the Senate Judiciary Committee                                     
reviewed the following and recommends the appointment be                                            
forwarded to a joint session for consideration:                                                     
                                                                                                    
          Board of Governors of the Alaska Bar                                                    
          Dr. Sheila Selkregg - Anchorage                                                           
                                                                                                    
There were no stated objections to the confirmation of the named                                    
individual by committee members. This does not reflect an intent by                                 
any of the members to vote for or against the confirmation of the                                   
named individual during any further sessions.                                                       
                                                                                                    

2002-04-22                     Senate Journal                      Page 2886
Signing the report: Senator Taylor, Chair, Senators Donley, Cowdery,                                
Therriault, Ellis.                                                                                  
                                                                                                    
SB 231                                                                                            
The Judiciary Committee considered SENATE BILL NO. 231 "An                                          
Act relating to correctional facilities" and recommended it be replaced                             
with                                                                                                
                                                                                                    
          CS FOR SENATE BILL NO. 231(JUD)                                                           
                                                                                                    
Signing do pass: Senator Taylor, Chair, Senators Cowdery, Ellis.                                    
Signing no recommendation: Senators Donley, Therriault.                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Corrections                                                       
 Fiscal Note No. 2, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 243                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
243(JUD) "An Act relating to sexual assault or abuse of a minor."                                   
Signing do pass: Senator Taylor, Chair, Senators Cowdery, Ellis,                                    
Donley, Therriault.                                                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 358                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
358(CRA) "An Act relating to an optional exemption from municipal                                   
property taxes for certain land from which timber is harvested and for                              
certain improvements used in or necessary to the harvest of timber;                                 
and providing for an effective date." Signing do pass: Senator                                      
Torgerson, Chair, Senators Taylor, Stevens, Wilken. Signing no                                      
recommendation: Senator Elton.                                                                      
                                                                                                    
                                                                                                    

2002-04-22                     Senate Journal                      Page 2887
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House Community and Regional Affairs                                      
  Committee                                                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HJR 48                                                                                            
The Resources Committee considered HOUSE JOINT RESOLUTION                                           
NO. 48 Relating to federal land withdrawals. Signing do pass: Senator                               
Torgerson, Chair, Senators Stevens, Taylor, Wilken. Signing no                                      
recommendation: Senator Elton.                                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Senate Resources Committee                                                
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
SB 4                                                                                              
The Rules Committee considered SENATE BILL NO. 4 "An Act                                            
relating to a mandatory exemption from municipal property taxes for                                 
certain residences and to an optional exemption from municipal taxes                                
for residential property; and providing for an effective date" and                                  
recommended it be replaced with                                                                     
                                                                                                    
     CS FOR SENATE BILL NO. 4(RLS) "An Act relating to                                              
     optional exemptions from municipal property taxes on                                           
     residential property and limiting an optional exclusion or                                     
     exemption to the assessed value of $10,000 for a residence in                                  
     a municipality with a total bonded indebtedness that equals or                                 
     exceeds $15,000 multiplied by the number of residents in the                                   
     municipality; and providing for an effective date."                                            
                                                                                                    
Signing to calendar: Senator Phillips, Chair, Senators Cowdery,                                     
Therriault. Signing under other recommendations: Senators Halford,                                  
Ellis.                                                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 5, Department of Revenue                                                           
                                                                                                    
The bill is on today's calendar.                                                                    

2002-04-22                     Senate Journal                      Page 2888
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 366                                                                                            
SENATE BILL NO. 366 BY THE SENATE JUDICIARY                                                         
COMMITTEE, entitled:                                                                                
                                                                                                    
             "An Act relating to the fee for the Chitina dip net                                   
          fishing permit; and providing for an effective date."                                     
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 4                                                                                              
SENATE BILL NO. 4 "An Act relating to a mandatory exemption                                         
from municipal property taxes for certain residences and to an optional                             
exemption from municipal taxes for residential property; and                                        
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Phillips, Chair, moved and asked unanimous consent for the                                  
adoption of the Rules Committee Substitute offered on page 2887.                                    
Without objection, CS FOR SENATE BILL NO. 4(RLS) "An Act                                            
relating to optional exemptions from municipal property taxes on                                    
residential property and limiting an optional exclusion or exemption to                             
the assessed value of $10,000 for a residence in a municipality with a                              
total bonded indebtedness that equals or exceeds $15,000 multiplied                                 
by the number of residents in the municipality; and providing for an                                
effective date" was adopted and read the second time.                                               
                                                                                                    
Senator Olson offered Amendment No. 1 :                                                              
                                                                                                    
Page 1, lines 2 - 4:                                                                                
     Delete "and limiting an optional exclusion or exemption to the                               
     assessed value of $10,000 for a residence in a municipality                                  
     with a total bonded indebtedness that equals or exceeds                                      
     $15,000 multiplied by the number of residents in the                                         
     municipality"                                                                                

2002-04-22                     Senate Journal                      Page 2889
Page 1, line 12, through page 2, line 3:                                                            
     Delete all material.                                                                           
     Insert "or exemption authorized by this subsection [SECTION]                               
     may not, [EXCEED THE ASSESSED VALUE OF $10,000] for                                        
     any one residence, exceed the greater of the"                                              
                                                                                                    
Page 2, lines 14 - 16:                                                                              
     Delete "A municipality with a level of total bonded indebtedness                               
     that equals or exceeds $15,000 multiplied by the number of                                     
     residents in the municipality may not grant an exemption under                                 
     this subsection."                                                                              
                                                                                                    
Senator Olson moved for the adoption of Amendment No. 1. Senator                                    
Donley objected.                                                                                    
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 4(RLS)                                                                                         
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Torgerson                                      
                                                                                                    
Nays:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Ward, Wilken                                                 
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
Senator Olson offered Amendment No. 2 :                                                              
                                                                                                    
Page 2, lines 14 - 16:                                                                              
     Delete "A municipality with a level of total bonded indebtedness                               
     that equals or exceeds $15,000 multiplied by the number of                                     
     residents in the municipality may not grant an exemption under                                 
     this subsection."                                                                              
                                                                                                    
Senator Olson moved for the adoption of Amendment No. 2.                                            
Objections were heard.                                                                              
                                                                                                    

2002-04-22                     Senate Journal                      Page 2890
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 4(RLS)                                                                                         
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Stevens,                                       
Torgerson                                                                                           
                                                                                                    
Nays:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Taylor, Therriault, Ward, Wilken                                                          
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Senator Ellis objected.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 4(RLS)                                                                                         
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Olson                                                          
                                                                                                    
Absent:  Lincoln                                                                                    
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
CS FOR SENATE BILL NO. 4(RLS) will be on the April 23 calendar.                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-22                     Senate Journal                      Page 2891
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 185                                                                                            
CS FOR SENATE BILL NO. 185(FIN) "An Act relating to the basis                                       
for determining eligibility for and the amount of power cost                                        
equalization payments; and providing for an effective date" was read                                
the third time.                                                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that CS FOR                                         
SENATE BILL NO. 185(FIN) be held in third reading to the April 23                                   
calendar. Without objection, it was so ordered.                                                     
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., April 23, 2002. Without                                      
objection, the Senate adjourned at 12:21 p.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2002                       

2002-04-22                     Senate Journal                      Page 2892
                                Announcements                                                    
                                                                                                    
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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 22        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 24        Wednesday                    Fahrenkamp 203             1:30 PM                     
+ HCR 27 LOCAL BOUNDARY COMMISSION PROCEDURES                                                       
+ SB 365 MUNICIPAL IMPROVEMENT AREAS                                                                
                                                                                                    
Apr 26        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 22        Monday                    Senate Finance 532            4:00 PM                     
= HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB 404 APPROP: MENTAL HEALTH BUDGET                                                               
= SB 288 APPROP:MENTAL HEALTH BUDGET                                                                
              Testimony by Invitation                                                               
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 23        Tuesday                   Senate Finance 532            9:00 AM                     
     SB 364 MEDICAID PAYMENTS FOR ABORTIONS                                                         
     SB 360 ALASKA NATURAL GAS PROJECT ACT                                                          
     HB 160 REPORTING OF ABORTIONS                                                                  
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
                                                                                                    

2002-04-22                     Senate Journal                      Page 2893
                             FINANCE (Continued)                                                 
                                                                                                    
Apr 23        Tuesday                   Senate Finance 532            4:00 PM                     
= HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB 404 APPROP: MENTAL HEALTH BUDGET                                                               
= SB 288 APPROP:MENTAL HEALTH BUDGET                                                                
              Testimony by Invitation                                                               
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 24        Wednesday                 Senate Finance 532            9:00 AM                     
     HB 439 COASTAL ZONE MANAGEMENT PETITIONS                                                       
     SJR 44 STATE-FEDERAL JOINT RESEARCH PLAN                                                       
     HB 307 OIL/GAS EXPLORATION INCENTIVE CREDIT                                                    
     HB 402 ALASKA TEMPORARY ASSISTANCE PROGRAM                                                     
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
Apr 24        Wednesday                 Senate Finance 532            4:00 PM                     
= HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB 404 APPROP: MENTAL HEALTH BUDGET                                                               
= SB 288 APPROP:MENTAL HEALTH BUDGET                                                                
              Testimony by Invitation                                                               
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 25        Thursday                  Senate Finance 532            9:00 AM                     
= HB   4 MOTOR VEHICLES & DRUNK DRIVING                                                             
     HB 421 WATER USE ACT PROCEDURES & RECORDS                                                      
= SB 239 STATE EMPLOYEES CALLED TO MILITARY DUTY                                                    
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
Apr 25        Thursday                  Senate Finance 532            4:00 PM                     
= HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB 404 APPROP: MENTAL HEALTH BUDGET                                                               
= SB 288 APPROP:MENTAL HEALTH BUDGET                                                                
              Testimony by Invitation                                                               
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 26        Friday                    Senate Finance 532            9:00 AM                     
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                   ----------------------------------------                                        

2002-04-22                     Senate Journal                      Page 2894
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 22        Monday                          Butrovich 205           1:30 PM                     
              -- Meeting Postponed to 4/24/02 --                                                    
= SB 250 SCHOOL PERFORMANCE REPORTS                                                                 
     HB 245 MARITAL & FAMILY THERAPISTS                                                             
= SB 306 PRESCRIPTION DRUG ASSISTANCE TASK FORCE                                                    
= HB 209 PROGRAM FOR FORMER FOSTER CHILDREN                                                         
     HB 348 VIOLATION OF A DOMESTIC VIOLENCE ORDER                                                  
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 24        Wednesday                       Butrovich 205           1:30 PM                     
              -- Rescheduled from 4/22/02--                                                         
= SB 250 SCHOOL PERFORMANCE REPORTS                                                                 
     HB 352 SCHOOL PERFORMANCE REPORTS                                                              
              <Pending Referral>                                                                    
= HB 245 MARITAL & FAMILY THERAPISTS                                                                
= SB 306 PRESCRIPTION DRUG ASSISTANCE TASK FORCE                                                    
= HB 209 PROGRAM FOR FORMER FOSTER CHILDREN                                                         
= HB 348 VIOLATION OF A DOMESTIC VIOLENCE ORDER                                                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 22        Monday                                Beltz 211         1:30 PM                     
              -- Meeting Canceled --                                                                
+ HB 405 CRIMES ON OR AGAINST STATE VESSELS                                                         
+             Bills Previously Heard/Scheduled                                                      
= SB 231 CORRECTIONAL FACILITY EXPANSION                                                            
              Moved CS(JUD) Out of Committee on 4/19/02                                             
+= HB 375 REVISOR'S BILL                                                                            
+= SB 159 APPEALS COURT JUDGES RETENTION                                                            
                                                                                                    
Apr 24        Wednesday                             Beltz 211         1:30 PM                     
+ HB 281 CIVIL LIABILITY FOR PROVIDING ALCOHOL                                                      
+ SB 309 ADVERSE POSSESSION                                                                         
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 26        Friday                                Beltz 211         1:30 PM                     
+= SB 248 EXTENDING COUNCIL ON DOMESTIC VIOLENCE                                                    
+             Confirmation Hearing:                                                                 
              Legislative Ethics-                                                                   
              Arthur S. Robinson, Soldotna                                                          
+             Bills Previously Heard/Scheduled                                                      

2002-04-22                     Senate Journal                      Page 2895
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 23        Tuesday                               Beltz 211         1:30 PM                     
+= HB 504 WAGES FOR WORKERS IN FISHERIES                                                            
+ HJR 38 TERRORISM RISK PROTECTION LEGISLATION                                                      
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 25        Thursday                              Beltz 211         1:30 PM                     
+ HB 319 RECREATIONAL ACTIVITY LIABILITY                                                            
              <Pending Referral>                                                                    
+ HB 182 MOTOR VEHICLE SALES AND DEALERS                                                            
              <Pending Referral>                                                                    
+ HB 443 TATTOOING AND BODY PIERCING                                                                
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Apr 22        Monday                          Butrovich 205           3:30 PM                     
              -- Meeting Canceled --                                                                
+ HB 455 MUNICIPAL TAXATION OF AGRICULTURAL LAND                                                    
+ HB 462 CONFIDENTIALITY OF FISHING RECORDS                                                         
+ HJR 46 BC MORATORIUM ON FISH FARMING                                                              
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 24        Wednesday                       Butrovich 205           3:30 PM                     
+ HB 208 AQUATIC FARMS FOR SHELLFISH                                                                
+= HB 286 FISHING PERMITS/ASSOCIATIONS/ASSESSMENTS                                                  
+ HJR 45 SALMON LABELING                                                                            
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 26        Friday                          Butrovich 205           3:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-22                     Senate Journal                      Page 2896
                                    RULES                                                        
                                                                                                    
Apr 22        Monday                       Fahrenkamp 203             9:30 AM                     
= SB 226 HIGHWAY DESIGN & CONSTRUCTION                                                              
     SB 278 TAKING PROPERTY BY EMINENT DOMAIN                                                       
     SJR 43 MAINTENANCE OF EFFORT ON FEDERAL PROGRAMS                                               
     SCR 30 ALASKA SALMON DAY                                                                       
     HB  96 ACQUIRING JESSE LEE HOME                                                                
     HB 196 RIGHT OF ACTION FOR LEGAL SEPARATION                                                    
     HB 263 REGULATION OF HOT SPRINGS WATER                                                         
     HB 349 AGENCY PROGRAM AND FINANCIAL PLANS                                                      
     HB 362 EXTEND BOARD OF GOVERNORS OF AK BAR ASSN                                                
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 23        Tuesday                               Beltz 211         3:30 PM                     
     HB 344 INCREASE DRIVER'S LICENSE/PERMIT FEES                                                   
+ SB 361 PERMIT COORDINATION & COASTAL ZONE MGMT                                                    
+ SB 363 ELECTIONEERING COMMUNICATIONS                                                              
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 25        Thursday                              Beltz 211         3:30 PM                     
     HB 289 MUNICIPAL MANAGER PLAN                                                                  
     HB 305 NONCOMPLIANCE WITH SELECTIVE SERVICE                                                    
     HB 438 DISABLED VETERANS LICENSE PLATES                                                        
     HB 444 ALASKA PUBLIC BUILDING FUND                                                             
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 23        Tuesday                         Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 25        Thursday                        Butrovich 205           1:30 PM                     
     SB 362 VACATE RS2477 RIGHT OF WAY ON USS 5265                                                  
     HB 374 NAMING DOUTHIT VETERANS' MEMORIAL BRIDGE                                                
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-04-22                     Senate Journal                      Page 2897
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
May 03        Friday                     House Finance 519            1:30 PM                     
              Admiral Thomas Barrett, US Coast Guard                                                
              Pat Ladner, AK Aerospace Development Corp                                             
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Apr 29        Monday                     House Finance 519            5:00 PM                     
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                               ANCHORAGE CAUCUS                                                  
                                                                                                    
Apr 23        Tuesday                   Senate Finance 532            3:15 PM                     
              Anchorage Capital Projects                                                            
                   ----------------------------------------                                        
                                                                                                    
                             FISCAL POLICY CAUCUS                                                
                                                                                                    
Apr 23        Tuesday                         Butrovich 205          12:00 PM