Legislature(2001 - 2002)

2002-05-16 Senate Journal

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2002-05-16                     Senate Journal                      Page 3599
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                    Thursday                      May 16, 2002                      
                                                                                                    
                         One Hundred Twenty-third Day                                            
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 12:06 p.m.                                                                               
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Senator Lincoln. Senator                                    
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
                              A Parent's Pledge                                                    
                                                                                                    
          I promise to listen to my children, communicate with                                      
          my children, teach my children right from wrong and                                       
          be a good role model for them; spend time with and                                        
          pay attention to my children, educate my children in                                      
          mind, body and soul; work to provide a stable family                                      
          life for my children; pray for and see God in my                                          
          children and in all children; vote for my children to                                     
          ensure them fair opportunity; speak out for my and                                        
          other peoples' children's needs.                                                          
                                                                                                    
          O God, help us to recover our hope for our children's                                     
          sake. Help us to recover our courage for our                                              
          children's sake. Help us to recover our discipline for                                    
          our children's sake. Help us to recover our ability to                                    
          work together for our children's sake. Help us to                                         
          recover our values for our children's sake. Help us to                                    
          recover a spirit of sacrifice for our children's sake.                                    
          Help us to recover our faith in Thee for our children's                                   
sake.                                                                   Amen.                      
                                                                                                    
Senator Ellis led the Senate in the Pledge of Allegiance.                                           

2002-05-16                     Senate Journal                      Page 3600
                           Messages from the House                                               
                                                                                                    
SB 191                                                                                            
Message dated May 15 was read, stating in the event the Senate fails                                
to concur in the House amendment to CS FOR SENATE BILL NO.                                          
191(JUD) "An Act relating to insurance pooling by air carriers"                                     
namely,                                                                                             
                                                                                                    
          CS FOR SENATE BILL NO. 191(JUD) am H "An                                                  
          Act relating to insurance pooling by air carriers;                                        
          amending the definition of group health insurance,                                        
          and allowing the Department of Administration to                                          
          obtain a policy or policies of group health care                                          
          insurance for employers that are small businesses,                                        
          nonprofit organizations, special services                                                 
          organizations, or small associations for insurance                                        
          purposes; and providing for an effective date." (Title                                    
          change authorized by HCR 32)                                                              
                                                                                                    
The Speaker appoints the following members to a Conference                                          
Committee to meet with a like committee from the Senate:                                            
                                                                                                    
 Representative Rokeberg                                                                            
 Representative Kott                                                                                
 Representative Joule                                                                               
                                                                                                    
SB 115                                                                                            
Message dated May 15 was read, stating in the event the Senate fails                                
to concur in the House amendment to SENATE BILL NO. 115 "An                                         
Act extending the termination date of the Board of Storage Tank                                     
Assistance" namely,                                                                                 
                                                                                                    
          HOUSE CS FOR SENATE BILL NO. 115(RLS) am                                                  
          H "An Act relating to the Board of Marital and                                            
          Family Therapy and the practitioners of marital and                                       
          family therapy; extending the termination date of the                                     
          Board of Storage Tank Assistance; setting timelines                                       
          for issuance of final orders by the Regulatory                                            
          Commission of Alaska, amending the authority of the                                       
          commission to enter compromise settlement orders,                                         

2002-05-16                     Senate Journal                      Page 3601
          and extending the commission's termination date to                                        
          June 30, 2004; relating to an exemption that allows                                       
          one bill to continue more than one board,                                                 
          commission, or agency program; and providing for                                          
          an effective date." (Title change authorized by HCR
          31)                                                                                       
                                                                                                    
The Speaker appoints the following members to a Conference                                          
Committee to meet with a like committee from the Senate:                                            
                                                                                                    
 Representative Mulder                                                                              
 Representative Scalzi                                                                              
 Representative Kerttula                                                                            
                                                                                                    
Message dated May 15 was read, stating per the Senate's request, the                                
House returned HOUSE CS FOR SENATE BILL NO. 115(RLS) am                                             
H and SENATE BILL NO. 115.                                                                          
                                                                                                    
SB 220                                                                                            
Message dated May 15 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 220(L&C) "An Act                                                   
          relating to the scope of practice authorized under a                                      
          license to practice hairdressing."                                                        
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 226                                                                                            
Message dated May 15 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
          CS FOR SPONSOR SUBSTITUTE FOR SENATE                                                      
          BILL NO. 226(FIN) am "An Act relating to design of                                        
          highway projects; and providing for an effective                                          
          date."                                                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    

2002-05-16                     Senate Journal                      Page 3602
SB 339                                                                                            
Message dated May 15 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
          SENATE BILL NO. 339 "An Act increasing fines for                                          
          certain criminal offenses."                                                               
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 364                                                                                            
Message dated May 15 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
          SENATE BILL NO. 364 "An Act relating to medical                                           
          services under the state Medicaid program."                                               
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 371                                                                                            
Message dated May 15 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 371(RES) am "An Act                                                
          exempting the use of munitions in certain areas from                                      
          a waste disposal permit requirement of the                                                
          Department of Environmental Conservation; relating                                        
          to general or nationwide permits under the Alaska                                         
          coastal management program and to authorizations                                          
          and permits issued by the Alaska Oil and Gas                                              
          Conservation Commission; and providing for an                                             
          effective date."                                                                          
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 135                                                                                            
Message dated May 14 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 135(JUD) am, thus                                         
adopting:                                                                                           
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3603
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          135(JUD) "An Act relating to municipal fees for                                           
          certain police protection services and to a tenant's                                      
          activities that result in the imposition of those fees."                                  
                                                                                                    
HB 162                                                                                            
Message dated May 14 was read, stating the House concurred in the                                   
Senate amendment to HOUSE BILL NO. 162, thus adopting:                                              
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 162(STA)                                                     
          "An Act relating to absences from the state under the                                     
          longevity bonus program."                                                                 
                                                                                                    
HB 209                                                                                            
Message dated May 14 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 209(HES), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          209(HES) "An Act directing the Department of                                              
          Health and Social Services to establish a foster care                                     
          transition program; relating to that program; and                                         
          providing for an effective date."                                                         
                                                                                                    
HB 225                                                                                            
Message dated May 14 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 225(FIN) am, thus                                         
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          225(RLS) "An Act relating to state taxation of                                            
          alcoholic beverages; and increasing the alcoholic                                         
          beverage state tax rates."                                                                
                                                                                                    
HB 254                                                                                            
Message dated May 14 was read, stating the House concurred in the                                   
Senate amendment to CS FOR SPONSOR SUBSTITUTE FOR                                                   
HOUSE BILL NO. 254(FIN) "An Act relating to the teachers'                                           
retirement system, the judicial retirement system, and the public                                   
employees' retirement system and to the tax qualification under the                                 

2002-05-16                     Senate Journal                      Page 3604
Internal Revenue Code of those systems; amending the definition of                                  
'actuarial adjustment' in the teachers' retirement system and the public                            
employees' retirement system; repealing certain provisions of the                                   
teachers' retirement system and the public employees' retirement                                    
system; amending the statutory limitation on payment of warrants to                                 
make an exception for warrants making benefit payments or refunds                                   
under various state retirement and benefit programs; and providing for                              
an effective date" thus adopting:                                                                   
                                                                                                    
          SENATE CS FOR CS FOR SPONSOR                                                              
          SUBSTITUTE FOR HOUSE BILL NO. 254(RLS)                                                    
          "An Act relating to the teachers' retirement system,                                      
          the judicial retirement system, and the public                                            
          employees' retirement system and to the tax                                               
          qualification under the Internal Revenue Code of                                          
          those systems; amending the definition of 'actuarial                                      
          adjustment' in the teachers' retirement system and the                                    
          public employees' retirement system; repealing                                            
          certain provisions of the teachers' retirement system                                     
          and the public employees' retirement system;                                              
          amending the statutory limitation on payment of                                           
          warrants to make an exception for warrants making                                         
          benefit payments or refunds under various state                                           
          retirement and benefit programs; relating to the                                          
          teachers' retirement system; relating to the public                                       
          employees' retirement system in regard to temporary                                       
          legislative employees and peace officers and fire                                         
          fighters; and providing for an effective date." (Title                                    
          change authorized by SCR 40)                                                              
                                                                                                    
HB 276                                                                                            
Message dated May 14 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 276(L&C), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          276(RLS) "An Act relating to temporary permits and                                        
          licenses by endorsement issued by the Board of                                            
          Nursing; and relating to the delegation of nursing                                        
          duties."                                                                                  

2002-05-16                     Senate Journal                      Page 3605
HB 305                                                                                            
Message dated May 14 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 305(STA) am, thus                                         
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          305(RLS) "An Act prohibiting certain state                                                
          employment, a student loan, or a permanent fund                                           
          dividend for a person who fails to register for the                                       
          military selective service; and providing for an                                          
          effective date."                                                                          
                                                                                                    
HB 507                                                                                            
Message dated May 14 was read, stating the House concurred in the                                   
Senate amendment to HOUSE BILL NO. 507 am "An Act naming the                                        
Trooper Hans-Peter Lothar Roelle Memorial Weigh Station and the                                     
Officer Justin Todd Wollam Memorial Bike Trail; and providing for                                   
an effective date" thus adopting:                                                                   
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 507(TRA)                                                     
          "An Act naming the Trooper Hans-Peter Lothar                                              
          Roelle Memorial Weigh Station, the Officer Justin                                         
          Todd Wollam Memorial Bike Trail, the Mail Carrier                                         
          Emil Wegner Memorial Corridor, and the Katelyn                                            
          Ohmer Markley Bridge; relating to the naming of the                                       
          Wendy Ann Cogdell Memorial Rest Area; and                                                 
          providing for an effective date." (Title change                                           
          authorized by SCR 39)                                                                     
                                                                                                    
HB 527                                                                                            
Message dated May 14 was read, stating the House concurred in the                                   
Senate amendment to HOUSE BILL NO. 527, thus adopting:                                              
                                                                                                    
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 527(RES) am                                                  
          S "An Act relating to entry into the Minto Flats State                                    
          Game Refuge for purposes of exploration and                                               
          development of oil and gas resources."                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3606
HB 303                                                                                            
Senator Taylor requested that the reconsideration on 2d CS FOR                                      
HOUSE BILL NO. 303(RLS) "An Act relating to taxation of                                             
individual income; and providing for an effective date" be taken up.                                
The bill was before the Senate on reconsideration. Senator Taylor                                   
moved and asked unanimous consent to withdraw his motion. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                    Reconsideration of Senate Resolutions                                        
                                                                                                    
SCR 46                                                                                            
Senator Leman requested that the reconsideration on SENATE                                          
CONCURRENT RESOLUTION NO. 46 be taken up. The resolution                                            
was before the Senate on reconsideration.                                                           
                                                                                                    
The question to be reconsidered: "Shall SENATE CONCURRENT                                           
RESOLUTION NO. 46 Suspending Rules 24(c), 35, 41(b), and 42(e),                                     
Uniform Rules of the Alaska State Legislature, concerning House Bill                                
No. 451, relating to reimbursement of municipal bonds for schools,                                  
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
SCR 46                                                                                              
Second Reading - On Reconsideration                                                                 
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, SENATE CONCURRENT RESOLUTION NO. 46 passed the                                              
Senate on reconsideration and was referred to the Secretary for                                     
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 296                                                                                            
Senator Leman requested that the reconsideration on SENATE CS                                       
FOR CS FOR HOUSE BILL NO. 296(JUD) be taken up. The bill was                                        
before the Senate on reconsideration.                                                               

2002-05-16                     Senate Journal                      Page 3607
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 296(JUD) "An Act relating to mergers and                                             
consolidations of municipalities" pass the Senate?" The roll was taken                              
with the following result:                                                                          
                                                                                                    
SCS CSHB 296(JUD)                                                                                   
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Halford, Hoffman,                                  
Kelly, Leman, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson,                              
Ward                                                                                                
                                                                                                    
Nays:  Elton, Green, Lincoln, Wilken                                                                
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 296(JUD)                                                
passed the Senate on reconsideration and was referred to the Secretary                              
for engrossment.                                                                                    
                                                                                                    
HB 397                                                                                            
Senator Leman requested that the reconsideration on SENATE CS                                       
FOR CS FOR HOUSE BILL NO. 397(TRA) be taken up. The bill was                                        
before the Senate on reconsideration.                                                               
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 397(TRA) "An Act exempting a person driving                                          
certain motor vehicles, aircraft, or watercraft from driver licensing                               
requirements; and providing for an effective date" pass the Senate?"                                
The roll was taken with the following result:                                                       
                                                                                                    
SCS CSHB 397(TRA)                                                                                   
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Elton, Green, Halford, Kelly,                                    
Leman, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward                                
                                                                                                    
Nays:  Davis, Ellis, Hoffman, Lincoln, Wilken                                                       
                                                                                                    
Kelly changed from "Nay" to "Yea".                                                                  
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3608
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 397(TRA)                                                
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.                                                                   
                                                                                                    
HB 421                                                                                            
Senator Leman requested that the reconsideration on SENATE CS                                       
FOR CS FOR HOUSE BILL NO. 421(FIN) be taken up. The bill was                                        
before the Senate on reconsideration.                                                               
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 421(FIN) "An Act relating to requiring the                                           
Department of Natural Resources to develop and maintain a                                           
standardized procedure for processing applications and issuing                                      
permits, authorizations, and certifications under the Alaska Water Use                              
Act and to make a record of those items and amendments and orders                                   
affecting them available on the Internet" pass the Senate?" The roll                                
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 421(FIN)                                                                                   
Third Reading - On Reconsideration                                                                  
                                                                                                    
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, SENATE CS FOR CS FOR HOUSE BILL NO. 421(FIN)                                                
passed the Senate on reconsideration and was referred to the Secretary                              
for engrossment.                                                                                    
                                                                                                    
HB 515                                                                                            
Senator Leman requested that the reconsideration on SENATE CS                                       
FOR CS FOR HOUSE BILL NO. 515(FIN) be taken up. The bill was                                        
before the Senate on reconsideration.                                                               
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3609
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 515(FIN) "An Act relating to missions and                                            
measures to be applied to certain expenditures by the executive branch                              
of state government and the University of Alaska and by the judicial                                
branch of state government from the state operating budget for the                                  
fiscal year ending June 30, 2003; and providing for an effective date"                              
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
SCS CSHB 515(FIN)                                                                                   
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Green, Halford,                                    
Kelly, Leman, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward,                               
Wilken                                                                                              
                                                                                                    
Nays:  Elton, Hoffman, Lincoln, Olson                                                               
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 515(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.                                                                   
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to a call of the Chair. Without objection, the Senate                               
recessed at 12:28 p.m.                                                                              
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 3:47 p.m.                                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3610
                     Messages from the House (continued)                                         
                                                                                                    
SB 324                                                                                            
Message dated May 16 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 324(L&C) "An Act                                                   
          providing that a utility or electric operating entity                                     
          owned and operated by a political subdivision of the                                      
          state competing directly with a telecommunications                                        
          utility is not subject to the Alaska Public Utilities                                     
          Regulatory Act."                                                                          
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 246                                                                                            
Message dated May 16 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 246(JUD) "An Act                                          
relating to regulation of a person providing insurance for the cost of                              
medical care, to confidentiality of insurance records, to insurance                                 
hearings, to insurance fees, to annual and quarterly statements by                                  
insurers, to managed care insurance, to taxes on insurance, to insurer                              
certificates of authority, to risk based capital for insurers, to                                   
unauthorized and nonadmitted insurers, to surplus lines insurance, to                               
health insurance, to life insurance, to annuity insurance, to consumer                              
credit insurance, to insurer liquidation, to multiple employer welfare                              
arrangements, to the Alaska Insurance Guaranty Association, to                                      
hospital and medical service corporations, and to regulation of                                     
insurance producers, agents, brokers, managers, and adjusters; and                                  
providing for an effective date" thus adopting:                                                     
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          246(JUD) "An Act relating to regulation of a person                                       
          providing insurance for the cost of medical care, to                                      
          confidentiality of insurance records, to insurance                                        
          hearings, to insurance fees, to annual and quarterly                                      
          statements by insurers, to managed care insurance, to                                     
          taxes on insurance, to insurer certificates of authority,                                 
          to risk based capital for insurers, to unauthorized and                                   
          nonadmitted insurers, to surplus lines insurance, to                                      

2002-05-16                     Senate Journal                      Page 3611
          health insurance, to life insurance, to annuity                                           
          insurance, to consumer credit insurance, to insurer                                       
          liquidation, to multiple employer welfare                                                 
          arrangements, to title insurance, to the Alaska                                           
          Insurance Guaranty Association, to hospital and                                           
          medical service corporations, and to regulation of                                        
          insurance producers, agents, brokers, managers, and                                       
          adjusters; and providing for an effective date." (Title                                   
          change authorized by SCR 42)                                                              
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 521                                                                                            
CS FOR HOUSE BILL NO. 521(CRA) "An Act relating to municipal                                        
improvement areas" was read the second time.                                                        
                                                                                                    
Senator Kelly, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
3293. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 521(FIN) 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.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 521(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 521(FIN) "An Act relating to municipal improvement areas" pass                                  
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
SCS CSHB 521(FIN)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3612
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens,                                  
Taylor, Therriault, Ward, Wilken                                                                    
                                                                                                    
Absent:  Torgerson                                                                                  
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 521(FIN)                                                
passed the Senate and was referred to the Secretary for engrossment.                                
                                                                                                    
HB 300                                                                                            
HOUSE BILL NO. 300 "An Act relating to the procurement of certain                                   
travel services" was read the second time.                                                          
                                                                                                    
Senator Therriault, Chair, moved and asked unanimous consent for the                                
adoption of the State Affairs Senate Committee Substitute offered on                                
page 3178. Without objection, SENATE CS FOR HOUSE BILL NO.                                          
300(STA) 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.                                                      
                                                                                                    
SENATE CS FOR HOUSE BILL NO. 300(STA) was read the third                                            
time.                                                                                               
                                                                                                    
Senators Wilken, Taylor, Olson, Davis, Ellis, Cowdery, Hoffman,                                     
Lincoln, Elton moved and asked unanimous consent to be shown as                                     
cross sponsors on the bill. Without objection, it was so ordered.                                   
                                                                                                    
The question being: "Shall SENATE CS FOR HOUSE BILL NO.                                             
300(STA) "An Act relating to the procurement of certain travel                                      
services" pass the Senate?" The roll was taken with the following                                   
result:                                                                                             
                                                                                                    
SCS HB 300(STA)                                                                                     
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3613
Yeas:  Cowdery, Davis, Donley, Ellis, Elton, Green, Halford,                                        
Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Absent:  Austerman                                                                                  
                                                                                                    
and so, SENATE CS FOR HOUSE BILL NO. 300(STA) passed the                                            
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
HB 332                                                                                            
CS FOR HOUSE BILL NO. 332(FIN) "An Act extending the                                                
termination date of the Council on Domestic Violence and Sexual                                     
Assault; relating to the council's duties; placing the executive director                           
and staff of the council in the exempt service; and providing for an                                
effective date" was read the second time.                                                           
                                                                                                    
Senator Kelly, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
3292. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 332(FIN) was adopted and read the second time.                                                  
                                                                                                    
Senator Phillips moved and asked unanimous consent to be shown as a                                 
cross sponsor on the bill. Without objection, it was so ordered.                                    
                                                                                                    
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 CS FOR CS FOR HOUSE BILL NO. 332(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 332(FIN)  "An Act extending the termination date of the Council                                 
on Domestic Violence and Sexual Assault; relating to the council's                                  
duties; placing the executive director and staff of the council in the                              
exempt service; and providing for an effective date" pass the Senate?"                              
The roll was taken with the following result:                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3614
                                                                                                    
SCS CSHB 332(FIN)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Donley, Ellis, Elton, Green, Halford,                                        
Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Nays:  Austerman                                                                                    
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 332(FIN)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered and the bill was referred                              
to the Secretary for engrossment.                                                                   
                                                                                                    
HB 393                                                                                            
CS FOR HOUSE BILL NO. 393(JUD) am "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 second time.                                          
                                                                                                    
Senator Stevens, Chair, moved and asked unanimous consent for the                                   
adoption of the Labor and Commerce Senate Committee Substitute                                      
offered on page 3179. Without objection, SENATE CS FOR CS FOR                                       
HOUSE BILL NO. 393(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.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 393(L&C) was read                                               
the third time.                                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3615
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 393(L&C) "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" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SCS CSHB 393(L&C)                                                                                   
Third Reading - Final Passage                                                                       
Effective Dates - Court Rules                                                                       
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Halford,                                    
Hoffman, Kelly, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault,                              
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Green, Leman                                                                                 
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 393(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                                
clauses. Without objection, it was so ordered.                                                      
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the court rule                                    
changes. Without objection, it was so ordered and the bill was referred                             
to the Secretary for engrossment.                                                                   
                                                                                                    
HB 344                                                                                            
CS FOR HOUSE BILL NO. 344(STA) "An Act increasing fees for                                          
driver's licenses, instruction permits, and identification cards; and                               
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
advanced to third reading and placed on final passage. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3616
CS FOR HOUSE BILL NO. 344(STA) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 344(STA)                                           
"An Act increasing fees for driver's licenses, instruction permits, and                             
identification cards; and providing for an effective date" pass the                                 
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSHB 344(STA)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Ellis, Elton, Green, Halford,                                     
Hoffman, Kelly, Leman, Lincoln, Olson, Stevens, Therriault,                                         
Torgerson, Wilken                                                                                   
                                                                                                    
Nays:  Donley, Phillips, Taylor, Ward                                                               
                                                                                                    
and so, CS FOR HOUSE BILL NO. 344(STA) 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 signed by                             
the President and Secretary and returned to the House.                                              
                                                                                                    
HB 443                                                                                            
CS FOR HOUSE BILL NO. 443(L&C) "An Act retroactively                                                
extending the application and licensing deadlines and amending the                                  
effective date of certain provisions relating to regulation of persons                              
who practice tattooing and permanent cosmetic coloring or body                                      
piercing; and providing for an effective date" was read the second                                  
time.                                                                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
advanced to third reading and placed on final passage. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 443(L&C) was read the third time.                                             
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3617
The question being: "Shall CS FOR HOUSE BILL NO. 443(L&C)                                           
"An Act retroactively extending the application and licensing                                       
deadlines and amending the effective date of certain provisions                                     
relating to regulation of persons who practice tattooing and permanent                              
cosmetic coloring or body piercing; and providing for an effective                                  
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
CSHB 443(L&C)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  3   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Halford, Hoffman,                                  
Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Torgerson,                                 
Wilken                                                                                              
                                                                                                    
Nays:  Elton, Green, Therriault                                                                     
                                                                                                    
Absent:  Ward                                                                                       
                                                                                                    
and so, CS FOR HOUSE BILL NO. 443(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 signed by                             
the President and Secretary and returned to the House.                                              
                                                                                                    
HB 499                                                                                            
CS FOR HOUSE BILL NO. 499(JUD) "An Act declaring legislative                                        
intent to reject the continuity of enterprise exception to the doctrine of                          
successor liability adopted in Savage Arms, Inc. v. Western Auto                                    
Supply, 18 P.3d 49 (Alaska 2001) as it relates to products liability;                               
providing that a successor corporation or other business entity that                                
acquires assets of a predecessor corporation or other business entity is                            
subject to liability for harm to persons or property caused by a                                    
defective product sold or otherwise distributed commercially by the                                 
predecessor only if the acquisition is accompanied by an agreement for                              
the successor to assume the liability, results from a fraudulent                                    
conveyance to escape liability for the debts or liabilities of the                                  
predecessor, constitutes a consolidation or merger with the                                         
predecessor, or results in the successor's becoming a continuation of                               
the predecessor; defining 'business entity' that acquires assets to                                 

2002-05-16                     Senate Journal                      Page 3618
include a sole proprietorship; and applying this Act to the sale, lease,                            
exchange, or other disposition of assets by a corporation, a limited                                
liability company, a partnership, a limited liability partnership, a                                
limited partnership, a sole proprietorship, or other business entity that                           
occurs before, on, or after the effective date of this Act" was read the                            
second time.                                                                                        
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
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:                                                           
                                                                                                    
CSHB 499(JUD)                                                                                       
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Green, Halford,                                           
Hoffman, Kelly, Leman, Olson, Phillips, Stevens, Taylor, Therriault,                                
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Ellis, Elton, Lincoln                                                                        
                                                                                                    
and so, the bill advanced to third reading.                                                         
                                                                                                    
CS FOR HOUSE BILL NO. 499(JUD) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 499(JUD) "An                                       
Act declaring legislative intent to reject the continuity of enterprise                             
exception to the doctrine of successor liability adopted in Savage                                  
Arms, Inc. v. Western Auto Supply, 18 P.3d 49 (Alaska 2001) as it                                   
relates to products liability; providing that a successor corporation or                            
other business entity that acquires assets of a predecessor corporation                             
or other business entity is subject to liability for harm to persons or                             
property caused by a defective product sold or otherwise distributed                                
commercially by the predecessor only if the acquisition is                                          
accompanied by an agreement for the successor to assume the liability,                              
results from a fraudulent conveyance to escape liability for the debts                              
or liabilities of the predecessor, constitutes a consolidation or merger                            
with the predecessor, or results in the successor's becoming a                                      

2002-05-16                     Senate Journal                      Page 3619
continuation of the predecessor; defining 'business entity' that acquires                           
assets to include a sole proprietorship; and applying this Act to the                               
sale, lease, exchange, or other disposition of assets by a corporation, a                           
limited liability company, a partnership, a limited liability partnership,                          
a limited partnership, a sole proprietorship, or other business entity                              
that occurs before, on, or after the effective date of this Act" pass the                           
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSHB 499(JUD)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Green, Hoffman, Kelly, Leman, Olson,                                         
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Austerman, Donley, Ellis, Elton, Halford, Lincoln                                            
                                                                                                    
and so, CS FOR HOUSE BILL NO. 499(JUD) passed the Senate, was                                       
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 501                                                                                            
HOUSE BILL NO. 501 "An Act relating to the use of unclaimed                                         
property to pay court-ordered restitution; and providing for an                                     
effective date" was read the second time.                                                           
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
advanced to third reading and placed on final passage. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
HOUSE BILL NO. 501 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 501 "An Act relating to                                   
the use of unclaimed property to pay court-ordered restitution; and                                 
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
HB 501                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    

2002-05-16                     Senate Journal                      Page 3620
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens,                                  
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, HOUSE BILL NO. 501 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 signed by                             
the President and Secretary and returned to the House.                                              
                                                                                                    
HB 517                                                                                            
CS FOR HOUSE BILL NO. 517(STA) "An Act relating to the                                              
disposition of obsolete or surplus state property" was read the second                              
time.                                                                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
advanced to third reading and placed on final passage. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 517(STA) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 517(STA)                                           
"An Act relating to the disposition of obsolete or surplus state                                    
property" pass the Senate?" The roll was taken with the following                                   
result:                                                                                             
                                                                                                    
CSHB 517(STA)                                                                                       
Third 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                                                         
                                                                                                    
and so, CS FOR HOUSE BILL NO. 517(STA) passed the Senate, was                                       
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3621
HB 53                                                                                             
CS FOR HOUSE BILL NO. 53(STA) "An Act establishing the Alaska                                       
Seismic Hazards Safety Commission" was read the second time.                                        
                                                                                                    
Senator Leman offered Amendment No. 1 :                                                              
                                                                                                    
Page 4, line 9:                                                                                     
 Delete "2005"                                                                                      
 Insert  "2004"                                                                                     
                                                                                                    
Senator Leman moved for the adoption of Amendment No. 1.                                            
Objections were heard.                                                                              
                                                                                                    
Senator Donley moved and asked unanimous consent to add his name                                    
as a sponsor of Amendment No. 1. Without objection, it was so                                       
ordered.                                                                                            
                                                                                                    
Senator Leman moved and asked unanimous consent to remove his                                       
name as a sponsor of Amendment No. 1. Without objection, it was so                                  
ordered.                                                                                            
                                                                                                    
The question being, "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSHB 53(STA)                                                                                        
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Donley, Green, Taylor, Ward                                                         
                                                                                                    
Nays:  Austerman, Davis, Ellis, Elton, Halford, Hoffman, Kelly,                                     
Leman, Lincoln, Olson, Phillips, Stevens, Therriault, Torgerson,                                    
Wilken                                                                                              
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent to be shown as a                                    
cross sponsor on the bill. Without objection, it was so ordered.                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3622
Senator Leman moved and asked unanimous consent that the bill be                                    
advanced to third reading and placed on final passage. Senator Taylor                               
objected.                                                                                           
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSHB 53(STA)                                                                                        
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Ellis, Elton, Halford, Hoffman,                                   
Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Therriault,                                        
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Donley, Green, Taylor                                                                        
                                                                                                    
and so, the bill advanced to third reading.                                                         
                                                                                                    
CS FOR HOUSE BILL NO. 53(STA) was read the third time.                                              
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 53(STA) "An                                        
Act establishing the Alaska Seismic Hazards Safety Commission" pass                                 
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
CSHB 53(STA)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Halford,                                    
Hoffman, Kelly, Leman, Lincoln, Olson, Stevens, Taylor, Therriault,                                 
Torgerson, Ward                                                                                     
                                                                                                    
Nays:  Green, Phillips, Wilken                                                                      
                                                                                                    
and so, CS FOR HOUSE BILL NO. 53(STA) passed the Senate, was                                        
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3623
HB 471                                                                                            
CS FOR HOUSE BILL NO. 471(CRA) "An Act increasing the                                               
maximum amount of loans from the bulk fuel revolving loan fund                                      
operated by the Alaska Energy Authority; relating to the definitions of                             
'net income' and 'unrestricted net income' for purposes of determining                              
the amount of the Alaska Industrial Development and Export                                          
Authority's dividend to the state; relating to communities within which                             
rural development loans may be made by the Alaska Industrial                                        
Development and Export Authority; and providing for an effective                                    
date" was read the second time.                                                                     
                                                                                                    
Senator Cowdery offered Amendment No. 1 :                                                            
                                                                                                    
Page 1, line 11:                                                                                    
 Delete "$200,000"                                                                                  
 Insert  "$150,000"                                                                                 
                                                                                                    
Senator Cowdery moved for the adoption of Amendment No. 1.                                          
Senator Ellis objected.                                                                             
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSHB 471(CRA)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Donley, Green, Kelly, Phillips, Ward, Wilken                                        
                                                                                                    
Nays:  Austerman, Davis, Ellis, Elton, Halford, Hoffman, Leman,                                     
Lincoln, Olson, Stevens, Taylor, Therriault, Torgerson                                              
                                                                                                    
Therriault changed from "Yea" to "Nay".                                                             
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
President Halford called the Senate. The call was satisfied.                                        
#END                                                                                                
HB 471                                                                                            
Senator Donley offered Amendment No. 2 :                                                             
                                                                                                    

2002-05-16                     Senate Journal                      Page 3624
Page 2, line 12:                                                                                    
 Delete Section 4                                                                                   
                                                                                                    
Renumber following sections accordingly.                                                            
                                                                                                    
Senator Donley moved for the adoption of Amendment No. 2.                                           
Objections were heard.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSHB 471(CRA)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Donley, Green, Phillips, Taylor, Therriault, Ward                                   
                                                                                                    
Nays:  Austerman, Davis, Ellis, Elton, Halford, Hoffman, Kelly,                                     
Leman, Lincoln, Olson, Stevens, Torgerson, Wilken                                                   
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
advanced to third reading and placed on final passage. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 471(CRA) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 471(CRA)                                           
"An Act increasing the maximum amount of loans from the bulk fuel                                   
revolving loan fund operated by the Alaska Energy Authority; relating                               
to the definitions of 'net income' and 'unrestricted net income' for                                
purposes of determining the amount of the Alaska Industrial                                         
Development and Export Authority's dividend to the state; relating to                               
communities within which rural development loans may be made by                                     
the Alaska Industrial Development and Export Authority; and                                         
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3625
                                                                                                    
CSHB 471(CRA)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Ellis, Elton, Green, Halford, Hoffman,                                     
Kelly, Leman, Lincoln, Olson, Stevens, Taylor, Therriault, Torgerson,                               
Ward, Wilken                                                                                        
                                                                                                    
Nays:  Cowdery, Donley, Phillips                                                                    
                                                                                                    
and so, CS FOR HOUSE BILL NO. 471(CRA) 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 signed by                             
the President and Secretary and returned to the House.                                              
                                                                                                    
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 451                                                                                            
SENATE CS FOR HOUSE BILL NO. 451(RLS) "An Act relating to                                           
construction, rehabilitation, and improvement of schools and                                        
education-related facilities; relating to municipal bond reimbursement                              
for school construction; and providing for an effective date" was read                              
the third time.                                                                                     
                                                                                                    
Senator Torgerson 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 Torgerson offered Amendment No. 1 :                                                          
                                                                                                    
Page 5, lines 3, 11, 19, 27:                                                                        
 Delete "(j)(2), (3), (5)"                                                                          
 Insert  "(j)(2) - (5)                                                                              
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3626
Senator Torgerson moved for the adoption of Amendment No.  1.                                       
Objections were heard. Senator Torgerson moved and asked                                            
unanimous consent to withdraw Amendment No. 1. Without objection,                                   
it was so ordered.                                                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
placed at the bottom of today's calendar. Without objection, SENATE                                 
CS FOR HOUSE BILL NO. 451(RLS) was placed at the bottom of the                                      
calendar.                                                                                           
                                                                                                    
HB 182                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 182(L&C) was read                                               
the third time.                                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 182(L&C) "An Act relating to certain vehicles, including                                        
motorcycles and trailers; relating to the registration, bonding, and                                
other regulation of motor vehicle dealers; relating to the registration                             
and other regulation of certain motor vehicle buyers' agents; relating to                           
acts and transactions involving vehicles, including trailers, and to the                            
acts and practices of certain persons and entities involved in vehicle                              
transactions, including trailer transactions; relating to consumer                                  
protection for used vehicle buyers; amending Rule 3, Alaska Rules of                                
Civil Procedure; and providing for an effective date" pass the Senate?"                             
The roll was taken with the following result:                                                       
                                                                                                    
SCS CSHB 182(L&C)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date        Court Rule                                                                    
                                                                                                    
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, SENATE CS FOR CS FOR HOUSE BILL NO. 182(L&C)                                                
passed the Senate.                                                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3627
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered.                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the court rule change.                            
Without objection, it was so ordered and the bill was referred to the                               
Secretary for engrossment.                                                                          
                                                                                                    
HB 350                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 350(JUD) was read                                               
the third time.                                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 350(JUD) "An Act relating to murder, conspiracy, criminal                                       
mischief, and terroristic threatening; and providing for an effective                               
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
SCS CSHB 350(JUD)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
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, SENATE CS FOR CS FOR HOUSE BILL NO. 350(JUD)                                                
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.                                                                   
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to a call of the Chair. Without objection, the Senate                               
recessed at 5:22 p.m.                                                                               

2002-05-16                     Senate Journal                      Page 3628
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 9:12 p.m.                                                                  
                                                                                                    
                                                                                                    
                         House Bills in Third Reading                                            
                                                                                                    
HB 524                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 524(FIN) "An Act                                                
relating to the issuance of general obligation bonds for the purpose of                             
paying the cost of design, construction, and major maintenance of                                   
educational and museum facilities; and providing for an effective date"                             
was before the Senate in third reading.                                                             
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
placed at the bottom of today's calendar. Without objection, it was so                              
ordered.                                                                                            
                                                                                                    
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 504                                                                                            
Senator Lincoln requested that the reconsideration on CS FOR                                        
HOUSE BILL NO. 504(FIN) am be taken up. The bill was before the                                     
Senate on reconsideration.                                                                          
                                                                                                    
Senator Ellis called the Senate. The call was satisfied.                                            
                                                                                                    
The question to be reconsidered: "Shall CS FOR HOUSE BILL NO.                                       
504(FIN) am "An Act relating to the wages of people working in the                                  
fisheries business" pass the Senate?" The roll was taken with the                                   
following result:                                                                                   
                                                                                                    
CSHB 504(FIN) am                                                                                    
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3629
Yeas:  Austerman, Cowdery, Green, Hoffman, Kelly, Leman, Olson,                                     
Phillips, Stevens, Taylor, Therriault, Torgerson, Wilken                                            
                                                                                                    
Nays:  Davis, Donley, Ellis, Elton, Halford, Lincoln, Ward                                          
                                                                                                    
and so, CS FOR HOUSE BILL NO. 504(FIN) am passed the Senate                                         
on reconsideration, was signed by the President and Secretary and                                   
returned to the House.                                                                              
                                                                                                    
HB 56                                                                                             
Senator Kelly requested that the reconsideration on CS FOR HOUSE                                    
BILL NO. 56(FIN) be taken up. The bill was before the Senate on                                     
reconsideration.                                                                                    
                                                                                                    
Senator Hoffman moved that the bill be returned to second reading for                               
the purpose of a specific amendment, that being Amendment No. 1.                                    
Objections were heard.                                                                              
                                                                                                    
The question being: "Shall the bill be returned to second reading for                               
the purpose of a specific amendment?" The roll was taken with the                                   
following result:                                                                                   
                                                                                                    
CSHB 56(FIN)                                                                                        
Third Reading - On Reconsideration                                                                  
Return to Second for Specific Amendment                                                             
                                                                                                    
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
and so, the bill was not returned to second reading.                                                
                                                                                                    
The question to be reconsidered: "Shall CS FOR HOUSE BILL NO.                                       
56(FIN) "An Act relating to minimum wages; and providing for an                                     
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3630
                                                                                                    
CSHB 56(FIN)                                                                                        
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Lincoln, Olson, Phillips, Stevens, Taylor,                                 
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Nays:  Leman                                                                                        
                                                                                                    
Taylor changed from "Nay" to "Yea".                                                                 
Olson changed from "Nay" to "Yea".                                                                  
                                                                                                    
and so, CS FOR HOUSE BILL NO. 56(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 signed by                             
the President and Secretary and returned to the House.                                              
                                                                                                    
                                                                                                    
                   House Bills in Third Reading (continued)                                      
                                                                                                    
HB 525                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 525(FIN) "An Act                                                
providing for and relating to the issuance of state guaranteed                                      
transportation revenue anticipation bonds in a principal amount of not                              
more than $102,805,000 for the purpose of paying the cost of                                        
transportation projects that qualify for federal highway aid and the                                
allocation of those bond proceeds; relating to the issuance of general                              
obligation bonds in a principal amount of not more than $123,914,500                                
for the purpose of paying the cost of state transportation projects; and                            
providing for an effective date" was before the Senate in third reading.                            
                                                                                                    
Senator Kelly 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.                                         
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3631
Senator Kelly offered Amendment No. 1 :                                                              
                                                                                                    
Page 4, line 22, following "ALLOCATION.":                                                           
 Insert "(a)"                                                                                       
Page 5, following line 31:                                                                          
 Insert a new subsection to read:                                                                   
       "(b)  The port and harbor facilities described in (a) of this                                
     section that are currently owned by the state are in need of                                   
     substantial investment in capital maintenance and upgrades.  The                               
     legislature intends to provide for the required investment, and                                
     intends transfer of ultimate ownership of and responsibility for the                           
     state-owned harbor facilities to the municipalities in which they                              
     are located.                                                                                   
                                                                                                    
Senator Kelly moved for the adoption of Amendment No. 1. Without                                    
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 525(FIN) am S was                                               
automatically in third reading.                                                                     
                                                                                                    
Senator Kelly moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 2.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Kelly offered Amendment No. 2 :                                                              
                                                                                                    
Page 2, line 24:                                                                                    
 Delete "Subject to appropriation, the"                                                             
 Insert "The"                                                                                       
                                                                                                    
Page 2, line 25:                                                                                    
 Delete "allocated"                                                                                 
 Insert "appropriated"                                                                              
                                                                                                    
Page 2, line 26:                                                                                    
 Delete "for"                                                                                       
 Insert "to be allocated among"                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3632
Page 3, line 14:                                                                                    
 Delete "authorized by"                                                                             
 Insert "ratified by a majority of"                                                                 
 Delete ", subject to appropriation"                                                                
 Insert "who vote on the question"                                                                  
                                                                                                    
Page 3, line 15:                                                                                    
 Delete "may be"                                                                                    
 Insert "is"                                                                                        
                                                                                                    
Page 3, line 30:                                                                                    
 Delete "may be"                                                                                    
 Insert "is"                                                                                        
                                                                                                    
Page 4, line 2:                                                                                     
 Delete "authorized"                                                                                
 Insert "made"                                                                                      
                                                                                                    
Senator Kelly moved for the adoption of Amendment No. 2. Without                                    
objection, Amendment No. 2 was adopted.                                                             
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 525(FIN) am S was                                               
automatically in third reading.                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 525(FIN) am S "An Act providing for and relating to the issuance                                
of state guaranteed transportation revenue anticipation bonds in a                                  
principal amount of not more than $102,805,000 for the purpose of                                   
paying the cost of transportation projects that qualify for federal                                 
highway aid and the allocation of those bond proceeds; relating to the                              
issuance of general obligation bonds in a principal amount of not more                              
than $123,914,500 for the purpose of paying the cost of state                                       
transportation projects; and providing for an effective date" pass the                              
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SCS CSHB 525(FIN) am S                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
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                                                         

2002-05-16                     Senate Journal                      Page 3633
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 525(FIN) am                                             
S 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.                                                                   
                                                                                                    
HB 528                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 528(FIN) "An Act                                                
relating to programs of state reimbursement for debt payments for                                   
certain capital projects; and providing for an effective date" was before                           
the Senate in third reading.                                                                        
                                                                                                    
Senator Kelly moved and asked unanimous consent 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 Kelly offered Amendment No. 1 :                                                              
                                                                                                    
Page 1, following line 3:                                                                           
 Insert a new bill section to read:                                                                 
   "* Section 1.  The uncodified law of the State of Alaska is amended                            
by adding a new section to read:                                                                    
 LEGISLATIVE FINDINGS.  The legislature finds that, after the                                       
reimbursements to the Cordova Electric Cooperative made under                                       
AS 42.45.065(b), added by sec. 5(b) of this Act, the cooperative will                               
no longer need or receive payments from the state for power cost                                    
equalization under AS 42.45.110."                                                                   
                                                                                                    
Page 1, line 4:                                                                                     
 Delete "* Section 1."                                                                            
 Insert "* Sec. 2."                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 6, line 4:                                                                                     
 Delete "sec. 4"                                                                                    
 Insert "sec. 5"                                                                                    

2002-05-16                     Senate Journal                      Page 3634
Senator Kelly moved for the adoption of Amendment No. 1. Senator                                    
Lincoln objected.                                                                                   
                                                                                                    
Senator Lincoln moved and asked unanimous consent for the adoption                                  
of the following amendment to Amendment No. 1:                                                      
                                                                                                    
On line 5 of Amendment No. 1:                                                                       
 Delete "FINDINGS"                                                                                  
 Insert "INTENT"                                                                                    
                                                                                                    
On line 5 of Amendment No. 1:                                                                       
 Delete "finds"                                                                                     
 Insert "intends"                                                                                   
                                                                                                    
Senator Lincoln moved and asked unanimous consent for the adoption                                  
of the amendment to Amendment No. 1. Without objection,                                             
Amendment No. 1 was amended.                                                                        
                                                                                                    
Senator Lincoln withdrew her objection to Amendment No. 1. There                                    
being no further objections, Amendment No. 1 as amended was                                         
adopted.                                                                                            
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 528 (FIN) am S was                                              
automatically in third reading.                                                                     
                                                                                                    
Senator Kelly moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 2.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Kelly offered Amendment No. 2 :                                                              
                                                                                                    
Page 3, line 26:                                                                                    
 Delete "fiscal year two years earlier"                                                             
 Insert "immediately preceding fiscal year [TWO YEARS                                             
EARLIER]"                                                                                           
                                                                                                    
Senator Kelly moved for the adoption of Amendment No. 2. Without                                    
objection, Amendment No. 2 was adopted.                                                             
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3635
SENATE CS FOR CS FOR HOUSE BILL NO. 528 (FIN) am S was                                              
automatically in third reading.                                                                     
                                                                                                    
Senator Kelly moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 3.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Kelly offered Amendment No. 3 :                                                              
                                                                                                    
Page 1, following line 3:                                                                           
 Insert a new bill section to read:                                                                 
"* Section 1.  The uncodified law of the State of Alaska is amended                               
by adding a new section to read:                                                                    
 FINDINGS; INTENT.  (a)  The port and harbor facilities                                             
described in sec. 4 of this Act that are currently owned by the state are                           
in need of substantial investment in capital maintenance and upgrades.                              
 (b)  The legislature intends to provide for the required investment,                               
and intends transfer of ultimate ownership of and responsibility for the                            
state-owned port and harbor facilities to the municipalities in which                               
they are located."                                                                                  
                                                                                                    
Page 1, line 4:                                                                                     
 Delete "* Section 1."                                                                            
 Insert "* Sec. 2."                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 6, line 4:                                                                                     
 Delete "sec. 4"                                                                                    
 Insert "sec. 5"                                                                                    
                                                                                                    
Senator Kelly moved for the adoption of Amendment No. 3. Without                                    
objection, Amendment No. 3 was adopted.                                                             
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 528 (FIN) am S was                                              
automatically in third reading.                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3636
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 528(FIN) am S "An Act relating to programs of state                                             
reimbursement for debt payments for certain capital projects; and                                   
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSHB 528(FIN) am S                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Lincoln, Olson, Phillips, Stevens, Taylor,                                 
Therriault, Torgerson, Wilken                                                                       
                                                                                                    
Nays:  Leman, Ward                                                                                  
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 528 (FIN) am                                            
S 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.                                                                   
                                                                                                    
SCR 38                                                                                            
SENATE CONCURRENT RESOLUTION NO. 38 was read the                                                    
second time and was before the Senate on final passage.                                             
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 38 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning House Bill No. 389,                                     
relating to a provision authorizing an exemption from and deferral of                               
municipal property taxes on certain types of deteriorated property pass                             
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
SCR 38                                                                                              
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3637
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens,                                  
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, SENATE CONCURRENT RESOLUTION NO. 38 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
HB 389                                                                                            
CS FOR HOUSE BILL NO. 389(CRA) "An Act eliminating the                                              
delayed repeal of a provision authorizing an exemption from and                                     
deferral of municipal property taxes on certain types of deteriorated                               
property; and providing for an effective date" was before the Senate in                             
third reading on reconsideration.                                                                   
                                                                                                    
Senator Leman moved that the bill be returned to second reading for                                 
the purpose adopting a Rules Senate Committee Substitute offered on                                 
page 3407. Without objection, the bill was returned to second reading.                              
                                                                                                    
Senator Leman moved for the adoption of the Rules Senate Committee                                  
Substitute. Without objection, SENATE CS FOR CS FOR HOUSE                                           
BILL NO. 389(RLS) "An Act changing the date of repeal of a                                          
provision authorizing an exemption from and deferral of municipal                                   
property taxes on certain types of deteriorated property; and providing                             
for an effective date" (Title change authorized by SCR 38) was                                      
adopted.                                                                                            
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 389(RLS) was                                                    
automatically in third reading on reconsideration.                                                  
                                                                                                    
Senator Cowdery moved and asked unanimous consent to be shown as                                    
a cross sponsor on the bill. Without objection, it was so ordered.                                  
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 389(RLS) "An Act changing the date of repeal of a provision                                     
authorizing an exemption from and deferral of municipal property                                    
taxes on certain types of deteriorated property; and providing for an                               
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3638
                                                                                                    
SCS CSHB 389(RLS)                                                                                   
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Halford,                                    
Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Nays:  Green                                                                                        
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 389(RLS)                                                
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 referred to the                           
Secretary for engrossment.                                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 160                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 160(JUD) "An                                           
Act requiring the reporting of induced terminations of pregnancies"                                 
was not taken up this legislative day and the bill was signed by the                                
President and Secretary and returned to the House.                                                  
                                                                                                    
HB 208                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 208(RES) "An                                           
Act relating to aquatic farming of shellfish; and providing for an                                  
effective date" was not taken up this legislative day and the bill was                              
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 447                                                                                            
The reconsideration on HOUSE BILL NO. 447 "An Act relating to the                                   
interest rates that may be charged on loans by the Commercial Fishing                               
and Agriculture Bank" was not taken up this legislative day and the                                 
bill was signed by the President and Secretary and returned to the                                  
House.                                                                                              

2002-05-16                     Senate Journal                      Page 3639
HB 303                                                                                            
The reconsideration on 2d CS FOR HOUSE BILL NO. 303(RLS)(fld                                        
S) "An Act relating to taxation of individual income; and providing for                             
an effective date" was not taken up this legislative day and the bill was                           
returned to the House for permanent filing.                                                         
                                                                                                    
HB 451                                                                                            
SENATE CS FOR HOUSE BILL NO. 451(RLS), which had been                                               
placed at the bottom of the calendar (page 3626), was not taken up this                             
legislative day and the bill was returned to the House for permanent                                
filing.                                                                                             
                                                                                                    
HB 524                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 524(FIN), which had                                             
been placed at the bottom of the calendar (page 3628), was not taken                                
up this legislative day and the bill was returned to the House for                                  
permanent filing.                                                                                   
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
HB 182                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 182(L&C) "An Act                                                
relating to certain vehicles, including motorcycles and trailers; relating                          
to the registration, bonding, and other regulation of motor vehicle                                 
dealers; relating to the registration and other regulation of certain                               
motor vehicle buyers' agents; relating to acts and transactions                                     
involving vehicles, including trailers, and to the acts and practices of                            
certain persons and entities involved in vehicle transactions, including                            
trailer transactions; relating to consumer protection for used vehicle                              
buyers; amending Rule 3, Alaska Rules of Civil Procedure; and                                       
providing for an effective date" was engrossed, signed by the President                             
and Secretary and returned to the House for consideration.                                          
                                                                                                    

2002-05-16                     Senate Journal                      Page 3640
HB 296                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 296(JUD) "An Act                                                
relating to mergers and consolidations of municipalities" was                                       
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
HB 300                                                                                            
SENATE CS FOR HOUSE BILL NO. 300(STA) "An Act relating to                                           
the procurement of certain travel services" was engrossed, signed by                                
the President and Secretary and returned to the House for                                           
consideration.                                                                                      
                                                                                                    
HB 332                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 332(FIN) "An Act                                                
extending the termination date of the Council on Domestic Violence                                  
and Sexual Assault; relating to the council's duties; placing the                                   
executive director and staff of the council in the exempt service; and                              
providing for an effective date" was engrossed, signed by the President                             
and Secretary and returned to the House for consideration.                                          
                                                                                                    
HB 350                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 350(JUD) "An Act                                                
relating to murder, conspiracy, criminal mischief, and terroristic                                  
threatening; and providing for an effective date" was engrossed, signed                             
by the President and Secretary and returned to the House for                                        
consideration.                                                                                      
                                                                                                    
HB 389                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 389(RLS) "An Act                                                
changing the date of repeal of a provision authorizing an exemption                                 
from and deferral of municipal property taxes on certain types of                                   
deteriorated property; and providing for an effective date" was                                     
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3641
HB 393                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 393(L&C) "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 engrossed,                                
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
HB 397                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 397(TRA) "An Act                                                
exempting a person driving certain motor vehicles, aircraft, or                                     
watercraft from driver licensing requirements; and providing for an                                 
effective date" was engrossed, signed by the President and Secretary                                
and returned to the House for consideration.                                                        
                                                                                                    
HB 421                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 421(FIN) "An Act                                                
relating to requiring the Department of Natural Resources to develop                                
and maintain a standardized procedure for processing applications and                               
issuing permits, authorizations, and certifications under the Alaska                                
Water Use Act and to make a record of those items and amendments                                    
and orders affecting them available on the Internet" was engrossed,                                 
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
HB 515                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 515(FIN) "An Act                                                
relating to missions and measures to be applied to certain expenditures                             
by the executive branch of state government and the University of                                   
Alaska and by the judicial branch of state government from the state                                
operating budget for the fiscal year ending June 30, 2003; and                                      
providing for an effective date" was engrossed, signed by the President                             
and Secretary and returned to the House for consideration.                                          
                                                                                                    
HB 521                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 521(FIN) "An Act                                                
relating to municipal improvement areas" was engrossed, signed by                                   
the President and Secretary and returned to the House for                                           
consideration.                                                                                      
                                                                                                    

2002-05-16                     Senate Journal                      Page 3642
HB 525                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 525(FIN) am S "An                                               
Act providing for and relating to the issuance of state guaranteed                                  
transportation revenue anticipation bonds in a principal amount of not                              
more than $102,805,000 for the purpose of paying the cost of                                        
transportation projects that qualify for federal highway aid and the                                
allocation of those bond proceeds; relating to the issuance of general                              
obligation bonds in a principal amount of not more than $123,914,500                                
for the purpose of paying the cost of state transportation projects; and                            
providing for an effective date" was engrossed, signed by the President                             
and Secretary and returned to the House for consideration.                                          
                                                                                                    
HB 528                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 528(FIN) am S "An                                               
Act relating to programs of state reimbursement for debt payments for                               
certain capital projects; and providing for an effective date" was                                  
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
SCR 38                                                                                            
SENATE CONCURRENT RESOLUTION NO. 38 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 389, relating to a provision                                 
authorizing an exemption from and deferral of municipal property                                    
taxes on certain types of deteriorated property, was engrossed, signed                              
by the President and Secretary and transmitted to the House for                                     
consideration.                                                                                      
                                                                                                    
SCR 46                                                                                            
SENATE CONCURRENT RESOLUTION NO. 46 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 451, relating to reimbursement                               
of municipal bonds for schools, was engrossed, signed by the                                        
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-16                     Senate Journal                      Page 3643
                                 Adjournment                                                     
                                                                                                    
Under the provisions of art. II, sec. 8 of the Alaska Constitution, the                             
Twenty-Second Alaska Senate was adjourned sine die at midnight,                                     
May 16, 2002.                                                                                       
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2002                        

2002-05-16                     Senate Journal                      Page 3644
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                                   FINANCE                                                       
                                                                                                    
May 16        Thursday                  Senate Finance 532                                        
              -- Call of the Chair --                                                               
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --