Legislature(2003 - 2004)

2003-05-06 Senate Journal

Full Journal pdf

2003-05-06                     Senate Journal                      Page 1171
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                   TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                              Tuesday                              May 6, 2003      
                                                                                                    
                             One Hundred Sixth Day                                               
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:20 a.m.                                                                            
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Major Nila Fankhauser of                                    
The Salvation Army. Senator Hoffman moved and asked unanimous                                       
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
            Today I would like to share a prayer of David from                                      
            Psalms 8:                                                                               
                                                                                                    
            O Lord, our Lord, how majestic is Your name in all the                                  
            earth! You have set Your glory above the heavens. From                                  
            the lips of children and infants You have ordained praise                               
            because of Your enemies, to silence the foe and the                                     
            avenger. When I consider Your heavens, the work of                                      
            Your fingers, the moon and the stars, which You have set                                
            in place, what is man that You are mindful of him? The                                  
            son of man that You care for him? You have made him a                                   
            little lower than the heavenly beings and crowned him                                   
            with glory and honor. You made him ruler over the                                       
            works of Your hands; You put everything under his feet:                                 
            all flocks and herds, and the beasts of the field, the birds                            
            of the air, and the fish of the sea, all that swim the paths                            
            of the seas. O Lord, our Lord, how majestic is Your name                                
            in all the earth!                                                         Amen.         
                                                                                                    
                                                                                                    
Senator Wagoner led the Senate in the Pledge of Allegiance.                                         
                                                                                                    

2003-05-06                     Senate Journal                      Page 1172
                                 Certification                                                   
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred fifth legislative day be approved as                                    
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
HB 71                                                                                             
Message dated May 5 and received May 6 was read, stating the                                        
Governor signed the following bill and transmitted the engrossed and                                
enrolled copies to the Lieutenant Governor's Office for permanent                                   
filing:                                                                                             
                                                                                                    
            SENATE CS FOR HOUSE BILL NO. 71(FIN) "An                                                
            Act extending the termination date of the Board of                                      
            Certified Direct-Entry Midwives; and relating to the                                    
            regulation of certified direct-entry midwives."                                         
                                                                                                    
                             Chapter 16, SLA 2003                                                  
                        Effective Date: August 3, 2003                                             
                                                                                                    
SB 79                                                                                             
Message dated May 5 and received May 6 was read, stating the                                        
Governor signed the following bill and transmitted the engrossed and                                
enrolled copies to the Lieutenant Governor's Office for permanent                                   
filing:                                                                                             
                                                                                                    
                   SENATE BILL NO. 79 "An Act extending the                                        
                    termination date of the Alaska Minerals                                        
            Commission."                                                                            
                                                                                                    
                             Chapter 17, SLA 2003                                                  
                        Effective Date: August 3, 2003                                             
                                                                                                    
                                                                                                    
A letter dated May 5, 2003, was received from the Director of Boards                                
and Commissions, Office of the Governor, correcting the April 30,                                   
2003, letter of boards and commissions appointments (page 1066).                                    

2003-05-06                     Senate Journal                      Page 1173
A copy of the letter is on file in the Senate Secretary's office.                                   
                                                                                                    
The corrections are as follows:                                                                     
                                                                                                    
Board of Fisheries                                                                                
 Robert (Ed) Dersham - Anchor Point                                                                 
  Appointed: 03/03/1997   Reappointed: 03/20/2000                                                   
  Reappointed: 04/25/2003  Term Expires: 06/30/2006                                                 
                                                                                                    
The appointment was referred to the Resources Committee (page                                       
1067).                                                                                              
                                                                                                    
University of Alaska Board of Regents                                                             
 David J. Parks - Palmer                                                                            
  Appointed: 06/01/2003 Term Expires: 06/01/2005                                                    
                                                                                                    
The appointment was referred to the Health, Education & Social                                      
Services Committee (page 1068).                                                                     
                                                                                                    
                                                                                                    
                            Messages from the House                                              
                                                                                                    
SCR 9                                                                                             
Message dated May 5 was read, stating the House passed and returned:                                
                                                                                                    
            SENATE CONCURRENT RESOLUTION NO. 9                                                      
            Suspending Rules 24(c), 35, 41(b), and 42(e),                                           
            Uniform Rules of the Alaska State Legislature,                                          
            concerning House Bill No. 52, relating to the                                           
            forfeiture of certain property used in certain crimes.                                  
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SB 139                                                                                            
Message dated May 5 was read, stating the House passed and returned:                                
                                                                                                    
                   SENATE BILL NO. 139 "An Act repealing the                                       
              termination date of the Alaska salmon price report                                   
            program; and providing for an effective date."                                          
                                                                                                    

2003-05-06                     Senate Journal                      Page 1174
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 52                                                                                             
Message dated May 5 was read, stating the House concurred in the                                    
Senate amendment to CS FOR HOUSE BILL NO. 52(JUD) "An Act                                           
relating to the forfeiture of property used to possess or distribute child                          
pornography, to commit indecent viewing or photography, to commit                                   
a sex offense, or to solicit the commission of, attempt to commit, or                               
conspire to commit possession or distribution of child pornography,                                 
indecent viewing or photography, or a sexual offense", thus adopting:                               
                                                                                                    
            SENATE CS FOR CS FOR HOUSE BILL NO.                                                     
            52(STA) "An Act relating to the crime of distribution                                   
            of child pornography and to the forfeiture of property                                  
            used to possess or distribute child pornography, to                                     
            commit indecent viewing or photography, to commit                                       
            a sex offense, or to solicit the commission of, attempt                                 
            to commit, or conspire to commit possession or                                          
            distribution of child pornography, indecent viewing                                     
            or photography, or a sexual offense."                                                   
            (Title change authorized by SCR 9)                                                      
                                                                                                    
HB 69                                                                                             
Message dated May 5 was read, stating the House concurred in the                                    
Senate amendment to HOUSE BILL NO. 69, thus adopting:                                               
                                                                                                    
            SENATE CS FOR HOUSE BILL NO. 69(RES) "An                                                
            Act relating to regulation of shallow natural gas                                       
            leasing and closely related energy projects; and                                        
            providing for an effective date."                                                       
                                                                                                    
Message dated May 5 was read, stating the House passed and                                          
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 242                                                                                            
CS FOR HOUSE BILL NO. 242(L&C) BY THE HOUSE LABOR                                                   
AND COMMERCE COMMITTEE, entitled:                                                                   
                                                                                                    

2003-05-06                     Senate Journal                      Page 1175
               "An Act relating to licensing of certified public                                   
            accountants; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
                                                                                                    
                                Concur Messages                                                  
                                                                                                    
SB 105                                                                                            
Message dated May 5 was read, stating the House passed CS FOR                                       
SENATE BILL NO. 105(HES) am(efd fld) "An Act relating to                                            
eligibility requirements for medical assistance for certain children,                               
pregnant women, and persons in a medical or intermediate care                                       
facility" with the following amendment:                                                             
                                                                                                    
            HOUSE CS FOR CS FOR SENATE BILL NO.                                                     
            105(HES) "An Act relating to eligibility requirements                                   
            for medical assistance for certain children, pregnant                                   
            women, and persons in a medical or intermediate care                                    
            facility; and providing for an effective date."                                         
            (technical title change)                                                                
                                                                                                    
and so, HOUSE CS FOR CS FOR SENATE BILL NO. 105(HES) is                                             
returned for consideration.                                                                         
                                                                                                    
In the event the Senate fails to concur in the House amendment, the                                 
Speaker has appointed the following members to meet with a like                                     
committee from the Senate:                                                                          
 Representative Wilson, Chair                                                                       
 Representative Coghill                                                                             
 Representative Cissna                                                                              
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment and recommended the body vote no.                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
                                                                                                    

2003-05-06                     Senate Journal                      Page 1176
HCS CSSB 105(HES)                                                                                   
Shall the Senate Concur in the House Amendment                                                      
to CSSB 105(HES) am(efd fld)?  Effective Date                                                       
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendment.                                                 
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated May 5 was read, stating:                                                               
                                                                                                    
In accordance with AS 39.05.080, the Senate Resources Committee                                     
reviewed the following and recommends the appointment be                                            
forwarded to a joint session for consideration:                                                     
                                                                                                    
 Board of Fisheries                                                                               
 Melvan Morris                                                                                      
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individual during any further sessions.                                                 
                                                                                                    
Signing the report: Senator Ogan, Chair; Senators Wagoner, Dyson,                                   
Seekins, Ben Stevens, Lincoln, Elton.                                                               
                                                                                                    
Report dated May 5 was read, stating:                                                               
                                                                                                    
In accordance with AS 39.05.080, the Senate Resources Committee                                     
reviewed the following and recommends the appointment be                                            
forwarded to a joint session for consideration:                                                     
                                                                                                    
 Board of Fisheries                                                                               
 Robert (Ed) Dersham                                                                                

2003-05-06                     Senate Journal                      Page 1177
This does not reflect an intent by any of the members to vote for or                                
against the individual during any further sessions.                                                 
                                                                                                    
Signing the report: Senator Ogan, Chair; Senators Wagoner, Dyson,                                   
Seekins, Ben Stevens, Lincoln.                                                                      
                                                                                                    
Report dated May 5 was read, stating:                                                               
                                                                                                    
In accordance with AS 39.05.080, the Senate Resources Committee                                     
reviewed the following and recommends the appointment be                                            
forwarded to a joint session for consideration:                                                     
                                                                                                    
 Board of Fisheries                                                                               
 Dr. Floyd F. Bouse                                                                                 
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individual during any further sessions.                                                 
                                                                                                    
Signing the report: Senator Ogan, Chair; Senators Wagoner, Dyson,                                   
Seekins, Ben Stevens, Lincoln.                                                                      
                                                                                                    
Report dated May 5 was read, stating:                                                               
                                                                                                    
In accordance with AS 39.05.080, the Senate Resources Committee                                     
reviewed the following and recommends the appointment be                                            
forwarded to a joint session for consideration:                                                     
                                                                                                    
 Board of Fisheries                                                                               
 Art Nelson                                                                                         
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individual during any further sessions.                                                 
                                                                                                    
Signing the report: Senator Ogan, Chair; Senators Wagoner, Dyson,                                   
Seekins, Ben Stevens, Lincoln, Elton.                                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-06                     Senate Journal                      Page 1178
SB 30                                                                                             
The Judiciary Committee considered SENATE BILL NO. 30 "An Act                                       
relating to information and services available to pregnant women and                                
other persons; and ensuring informed consent before an abortion may                                 
be performed, except in cases of medical emergency" and                                             
recommended it be replaced with                                                                     
                                                                                                    
            CS FOR SENATE BILL NO. 30(JUD)                                                          
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators Therriault, Ogan.                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Health and Social Services                                        
 Fiscal Note No. 2, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 145                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 145 "An Act relating to reemployment of and                                         
benefits for retired teachers or employees, including those who                                     
participated in retirement incentive programs, and to the employment                                
as teachers of members of the public employees' retirement system                                   
who participated in a retirement incentive program; and providing for                               
an effective date" and recommended the adoption of the State Affairs                                
Committee Substitute offered on page 1072. Signing no                                               
recommendation: Senator Dyson, Chair; Senator Wilken. Signing do                                    
pass: Senator Guess. Signing amend: Senator Green.                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 149                                                                                            
The Resources Committee considered SENATE BILL NO. 149 "An                                          
Act relating to timber and to the sale of timber by the state" and                                  
recommended it be replaced with                                                                     
                                                                                                    
                                                                                                    

2003-05-06                     Senate Journal                      Page 1179
                    CS FOR SENATE BILL NO. 149(RES) "An Act                                        
            relating to timber, to the sale of timber by the state,                                
            and to the management of state forests."                                                
                                                                                                    
Signing do pass: Senator Ogan, Chair; Senators Seekins, Ben Stevens,                                
Wagoner, Dyson. Signing do not pass: Senator Elton. Signing amend:                                  
Senator Lincoln.                                                                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 168                                                                                            
Forthcoming Finance Committee Substitute (page 1154) for SENATE                                     
BILL NO. 168 "An Act relating to issuance and revocation of licenses                                
for the importation, sale, distribution, or manufacture of cigarettes and                           
tobacco products; relating to a tax refund or credit for unsaleable,                                
returned, or destroyed tobacco products; relating to restrictions on                                
shipping or transporting cigarettes; relating to records concerning the                             
sale of cigarettes; amending and adding definitions relating to cigarette                           
taxes; relating to the payment of cigarette taxes; relating to penalties                            
applicable to cigarette taxes; relating to the definition of the wholesale                          
price of tobacco products; relating to payment of cigarette taxes                                   
through the use of cigarette tax stamps; relating to provisions making                              
certain cigarettes contraband and subject to seizure and forfeiture;                                
relating to certain crimes, penalties, and interest concerning tobacco                              
taxes and sales; and providing for an effective date" was received                                  
today:                                                                                              
                                                                                                    
      CS FOR SENATE BILL NO. 168(FIN) "An Act relating                                              
      to issuance and revocation of licenses for the importation,                                   
      sale, distribution, or manufacture of cigarettes and                                          
      tobacco products; relating to a tax refund or credit for                                      
      unsaleable, returned, or destroyed tobacco products;                                          
      relating to restrictions on and penalties for shipping or                                     
      transporting cigarettes; relating to records concerning the                                   
      sale of cigarettes; amending and adding definitions                                           
      relating to cigarette taxes; relating to the payment of                                       
      cigarette taxes; relating to penalties applicable to cigarette                                

2003-05-06                     Senate Journal                      Page 1180
      taxes; relating to the definition of the wholesale price of                                   
      tobacco products; relating to payment of cigarette taxes                                      
      through the use of cigarette tax stamps; relating to                                          
      provisions making certain cigarettes contraband and                                           
      subject to seizure and forfeiture; relating to certain                                        
      crimes, penalties, and interest concerning tobacco taxes                                      
      and stamps; relating to cigarette sales; and providing for                                    
      an effective date."                                                                           
                                                                                                    
SB 177                                                                                            
The Finance Committee considered SENATE BILL NO. 177 "An Act                                        
relating to cost-of-living benefits for retired members in the public                               
employees' retirement system and the teachers' retirement system who                                
are called to active military duty; and providing for an effective date."                           
Signing do pass: Senators Green, Wilken, Cochairs; Senators Taylor,                                 
Ben Stevens. Signing no recommendation: Senators Olson, Bunde.                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 202                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 202 "An Act relating to school transportation;                                      
relating to the base student allocation used in the formula for state                               
funding of public education; and providing for an effective date."                                  
Signing no recommendation: Senator Dyson, Chair. Signing do pass:                                   
Senators Wilken, Green. Signing amend: Senator Guess.                                               
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 9                                                                                              
Forthcoming Senate Finance Committee Substitute (page 1155) for CS                                  
FOR HOUSE BILL NO. 9(FIN) am "An Act relating to the                                                
registration of individuals who perform home inspections; relating to                               
regulation of contractors; relating to registration fees for specialty                              
contractors, home inspectors, and associate home inspectors; relating                               

2003-05-06                     Senate Journal                      Page 1181
to home inspection requirements for residential loans purchased or                                  
approved by the Alaska Housing Finance Corporation; relating to civil                               
actions by and against home inspectors and to civil actions arising                                 
from residential unit inspections; repealing a law that limits liability                            
for damages based on a duty to inspect a residential unit to damages                                
caused by gross negligence or intentional misconduct; and providing                                 
for an effective date" was received today:                                                          
                                                                                                    
                      SENATE CS FOR CS FOR HOUSE BILL NO.                                          
            9(FIN)                                                                                  
                                                                                                    
HB 79                                                                                             
The Finance Committee considered HOUSE BILL NO. 79 "An Act                                          
extending the termination date of the Alaska regional economic                                      
assistance program; and providing for an effective date" and                                        
recommended it be replaced with                                                                     
                                                                                                    
            SENATE CS FOR HOUSE BILL NO. 79(FIN)                                                    
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Taylor,                                 
Hoffman, Ben Stevens. Signing no recommendation: Senators Olson,                                    
Bunde.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 114                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
114(JUD)(title am) "An Act relating to the issuance of a search                                     
warrant upon the sworn testimony or affidavit of a person                                           
communicated by telephone, other appropriate means, or facsimile                                    
machine." Signing do pass: Senator Seekins, Chair; Senators Ellis,                                  
French, Ogan.                                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-06                     Senate Journal                      Page 1182
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Corrections                                                 
 Fiscal Note No. 2, zero, Alaska Court System                                                       
 Fiscal Note No. 3, zero, Department of Law                                                         
 Fiscal Note No. 4, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 177                                                                                            
The Judiciary Committee considered CS FOR SPONSOR                                                   
SUBSTITUTE FOR HOUSE BILL NO. 177(STA) "An Act relating to                                          
concealed handguns." Signing do pass: Senator Seekins, Chair;                                       
Senators Therriault, Ogan. Signing do not pass: Senator French.                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 194                                                                                            
The Community and Regional Affairs Committee considered CS FOR                                      
HOUSE BILL NO. 194(L&C) "An Act creating a tax credit under the                                     
Alaska Net Income Tax Act for contributions to regional development                                 
organizations; and providing for an effective date" and recommended                                 
it be replaced with                                                                                 
                                                                                                    
                      SENATE CS FOR CS FOR HOUSE BILL NO.                                          
            194(CRA)                                                                                
                                                                                                    
Signing do pass: Senator Wagoner, Chair; Senator Taylor. Signing no                                 
recommendation: Senators Gary Stevens, Elton. Signing amend:                                        
Senator Lincoln.                                                                                    
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
 Fiscal Note No. 3, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Labor and Commerce Committee.                                          
                                                                                                    

2003-05-06                     Senate Journal                      Page 1183
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 213                                                                                            
SENATE BILL NO. 213 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
               "An Act establishing the Knik Arm Bridge and Toll                                   
                 Authority and relating to that authority; and                                     
            providing for an effective date."                                                       
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Transportation and Public                                         
  Facilities                                                                                        
                                                                                                    
Governor's transmittal letter dated May 5:                                                          
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill establishing the Knik Arm Bridge and Toll                                       
Authority and relating to that authority.                                                           
                                                                                                    
This bill establishes an independent authority to build and operate a                               
toll bridge over Knik Arm. The authority would be able to receive                                   
federal money and issue revenue bonds to finance the toll bridge and                                
its appurtenant facilities. The authority would design, construct, and                              
operate the bridge and its facilities.                                                              
                                                                                                    
The authority would be a public corporation that, although an                                       
instrumentality of the state within the Department of Transportation                                
and Public Facilities, would have a separate independent legal                                      
existence from the state. The revenue of the authority would not                                    
become part of the general fund and the property of the authority                                   
would be exempt from taxation.                                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-06                     Senate Journal                      Page 1184
The bill establishes a three-person board to govern the authority. The                              
commissioners of revenue and transportation and public facilities                                   
would serve on the board, along with a member of the public                                         
appointed by the governor for a five-year term.                                                     
                                                                                                    
Construction of a Knik Arm bridge is a cornerstone of my public                                     
transportation development plan. A Knik Arm bridge will unite                                       
Anchorage and the Matanuska-Susitna Borough to enable growth                                        
throughout southcentral Alaska.                                                                     
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
                                                                                                    
                         Consideration of the Calendar                                           
                                                                                                    
                         Second Reading of House Bills                                           
                                                                                                    
HB 2                                                                                              
CS FOR HOUSE BILL NO. 2(JUD)(title am) "An Act relating to the                                      
statute of limitations for certain civil actions relating to acts                                   
constituting sexual offenses; and providing for an effective date" was                              
read the second time.                                                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 2(JUD)(title                                      
am) will be on the May 7 calendar.                                                                  
                                                                                                    
HB 177                                                                                            
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                        
177(STA) "An Act relating to concealed handguns" was read the                                       
second time.                                                                                        
                                                                                                    

2003-05-06                     Senate Journal                      Page 1185
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated CS FOR SPONSOR SUBSTITUTE FOR                                           
HOUSE BILL NO. 177(STA) will be on the May 7 calendar.                                              
                                                                                                    
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 34                                                                                             
HOUSE BILL NO. 34 was read the third time.                                                          
                                                                                                    
The question being: "Shall HOUSE BILL NO. 34 "An Act relating to                                    
negotiated regulation making; and providing for an effective date"                                  
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
HB 34                                                                                               
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, HOUSE BILL NO. 34 passed the Senate.                                                        
                                                                                                    
Senator Ben Stevens 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 212                                                                                            
CS FOR HOUSE BILL NO. 212(JUD) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 212(JUD) "An                                       
Act relating to trusts, including trust protectors, trustee advisors,                               
transfers of property in trust, and transfers of trust interests, and to                            
creditors' claims against property subject to a power of appointment"                               
pass the Senate?" The roll was taken with the following result:                                     

2003-05-06                     Senate Journal                      Page 1186
                                                                                                    
CSHB 212(JUD)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 212(JUD) passed the Senate, was                                       
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 249                                                                                            
CS FOR HOUSE BILL NO. 249(JUD) am was read the third time.                                          
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 249(JUD) am                                        
"An Act relating to the award of costs and attorney fees to defendants                              
under court rule in civil actions brought under monopoly and restraint                              
of trade statutes; and providing for an effective date" pass the Senate?"                           
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 249(JUD) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Seekins, Stevens B, Taylor, Therriault, Wagoner,                                    
Wilken                                                                                              
                                                                                                    
Nays:  Hoffman, Ogan, Olson, Stevens G                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 249(JUD) am passed the Senate.                                        
                                                                                                    
Senator Ben Stevens 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.                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-06                     Senate Journal                      Page 1187
                              Unfinished Business                                                
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 127                                                                                            
Senator Taylor requested that the reconsideration on SENATE CS                                      
FOR CS FOR HOUSE BILL 127(STA) am S "An Act relating to                                             
roadside memorials within the right-of-way of a state highway" be                                   
taken up. The bill was before the Senate on reconsideration.                                        
                                                                                                    
Senator Taylor moved and asked unanimous consent 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 Taylor offered Amendment No. 2:                                                             
 Page 1, line 6, following "may":                                                                   
  Insert ", for a period of not more than two years,"                                               
                                                                                                    
Senator Taylor moved for the adoption of Amendment No. 2. Senator                                   
Wilken objected, then withdrew his objection. There being no further                                
objections, Amendment No. 2 was adopted.                                                            
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL 127(STA) am S was                                                   
automatically in third reading.                                                                     
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 127(STA) am S "An Act relating to roadside                                           
memorials within the right-of-way of a state highway" pass the                                      
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SCS CSHB 127(STA) am S                                                                              
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Wilken changed from "Nay" to "Yea".                                                                 

2003-05-06                     Senate Journal                      Page 1188
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL 127(STA) am S                                               
passed the Senate on reconsideration, and was referred to the Secretary                             
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
                        Unfinished Business (continued)                                          
                                                                                                    
SB 8                                                                                              
Senator Dyson moved and asked unanimous consent to be shown as a                                    
cosponsor on SENATE BILL NO. 8 "An Act relating to tampering                                        
with public records." Without objection, it was so ordered.                                         
                                                                                                    
HB 102                                                                                            
Senators Dyson, Taylor, Seekins, Wagoner, Cowdery, Ogan, moved                                      
and asked unanimous consent to be shown as cross sponsors on CS                                     
FOR HOUSE BILL NO. 102(STA) "An Act relating to concealed                                           
deadly weapons." Without objection, it was so ordered.                                              
                                                                                                    
HB 127                                                                                            
Senator Lincoln moved and asked unanimous consent to be shown as a                                  
cross sponsor on the SENATE CS FOR CS FOR HOUSE BILL NO.                                            
127(STA) am S "An Act relating to roadside memorials within the                                     
right-of-way of a state highway." Without objection, it was so ordered.                             
                                                                                                    
HB 177                                                                                            
Senators Green, Cowdery, Ogan, Taylor, Dyson, Gary Stevens,                                         
Wagoner, Seekins, Therriault, moved and asked unanimous consent to                                  
be shown as cross sponsors on CS FOR SPONSOR SUBSTITUTE                                             
FOR HOUSE BILL NO. 177(STA) "An Act relating to concealed                                           
handguns." Without objection, it was so ordered.                                                    
                                                                                                    
                                                                                                    
                                 Announcements                                                   
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-06                     Senate Journal                      Page 1189
                                  Engrossment                                                    
                                                                                                    
HB 127                                                                                            
SENATE CS FOR CS FOR HOUSE BILL 127(STA) am S  "An Act                                              
relating to roadside memorials within the right-of-way of a state                                   
highway" was engrossed, signed by the President and Secretary and                                   
returned to the House for consideration.                                                            
                                                                                                    
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SB 123                                                                                            
SENATE BILL NO. 123 am "An Act relating to adoptions and                                            
guardianships that include a subsidy payment by the state; eliminating                              
annual review of the subsidy paid by the state after adoption of a hard-                            
to-place child has occurred or a court has appointed a legal guardian                               
for a hard-to-place child; and providing for an effective date" was                                 
enrolled, signed by the President and Secretary, Speaker and Chief                                  
Clerk and the engrossed and enrolled copies transmitted to the Office                               
of the Governor at 8:45 a.m., May 6, 2003.                                                          
                                                                                                    
                                                                                                    
                                  Adjournment                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., May 7, 2003. Without                                  
objection, the Senate adjourned at 12:10 p.m.                                                       
                                                                                                    
                                                                                Kirsten Waid        
                                                                   Secretary of the Senate          
                                                                                                    
                                                                                     June 2003      

2003-05-06                     Senate Journal                      Page 1190
                                 Announcements                                                   
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                              STANDING COMMITTEES                                                
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
May 07            Wednesday                          Fahrenkamp 203                     1:30 PM   
+ SCR 12 BOROUGH INCORPORATION: UNORG AREAS                                                         
                   ----------------------------------------                                        
                                                                                                    
                                    FINANCE                                                      
                                                                                                    
May 06            Tuesday                         Senate Finance 532                   9:00 AM    
+ HB  57 ROYALTY GAS CONTRACTS                                                                      
+ HB 170 MOTOR VEHICLE REGISTRATION FEES                                                            
+ HB 203 AIDEA DIVIDENDS TO STATE                                                                   
+ HB  79 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM                                                    
+                 Bills Previously Heard/Scheduled                                                  
                                                                                                    
May 07            Wednesday                       Senate Finance 532                   9:00 AM    
+= HB 170 MOTOR VEHICLE REGISTRATION FEES                                                           
+= SB 100 APPROP: CAPITAL PROJECTS                                                                  
+ HB 256 DIVIDEND PAYMENT TO STATE BY AHFC                                                          
+ SB 112 INCREASE MOTOR FUEL TAX                                                                    
+ SB 202 EDUCATION FUNDING &PUPIL TRANSPORTATION                                                    
+ SB 125 STATE CONTRACTS                                                                            
+ SB  31 RAILROAD UTILITY CORRIDOR TO & IN CANADA                                                   
+                 Bills Previously Heard/Scheduled                                                  
                  <Committee may recess until 5:00 pm>                                              
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-06                     Senate Journal                      Page 1191
                      HEALTH, EDUCATION & SOCIAL SERVICES                                        
                                                                                                    
May 07            Wednesday                               Butrovich 205                 1:30 PM   
                  Medicaid Funding and Program Issues:                                              
                  Federal Center for Medicare and Medicaid                                          
                  Services                                                                          
                  Confirmation Hearings:                                                            
                  Board of Dental Examiners, Board of Dispensing Opticians                          
                  State Medical Board                                                               
                  Alaska Mental Health Trust Authority                                              
                  Board of Certified Direct-Entry Midwives                                          
                  Board of Examiners in Optometry                                                   
                  Board of Physical & Occupational Therapy                                          
                  Board of Pharmacy                                                                 
                  Bills Previously Heard/Scheduled                                                  
                                                                                                    
May 09            Friday                                  Butrovich 205                 1:30 PM   
                  Confirmation Hearings:                                                            
                  Board of Dental Examiners, Board of Dispensing Opticians                          
                  State Medical Board                                                               
                  Alaska Mental Health Trust Authority                                              
                  Board of Certified Direct-Entry Midwives                                          
                  Board of Examiners in Optometry                                                   
                  Board of Physical & Occupational Therapy                                          
                  Board of Pharmacy                                                                 
                  Bills Previously Heard/Scheduled                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   JUDICIARY                                                     
                                                                                                    
May 06            Tuesday                                        Beltz 211             8:00 AM    
+ HB 224 CIGARETTE SALES REQUIREMENTS                                                               
+ HB 214 PUNITIVE DAMAGES AGAINST EMPLOYERS                                                         
+ SB  13 INSURANCE DISCRIMINATION BY CREDIT RATING                                                  
                  <Above Item Removed from Agenda>                                                  
+                 Bills Previously Heard/Scheduled                                                  
                                                                                                    
May 07            Wednesday                                      Beltz 211              1:00 PM   
+ HB  86 INJUNCTIONS AGAINST PERMITTED PROJECTS                                                     
+ HB 184 INDIVIDUAL DEFERRED ANNUITIES                                                              
+= HB  49 EXPAND DNA DATABASE                                                                       
+= HB   1 STALKING & PROTECTIVE ORDERS                                                              
+                 Bills Previously Heard/Scheduled                                                  

2003-05-06                     Senate Journal                      Page 1192
                               LABOR & COMMERCE                                                  
                                                                                                    
May 06            Tuesday                                        Beltz 211              1:30 PM   
+ SB 192 DOL TEACHERS AND TRAINING PROGRAMS                                                         
+ SB 210 WAGE AND HOUR OVERTIME COMPUTATION                                                         
+ SB 154 NURSE EDUC LOAN REPAYMENT PROGRAM                                                          
+ HB  51 LABELING OF PRESCRIBED DRUGS                                                               
+ SB  32 INSURANCE FOR MOTOR VEHICLE REPAIRS                                                        
                  Bills Previously Heard/Scheduled                                                  
+= SB 102 CHARITABLE GAMING REVENUE                                                                 
                  <Listen Only Teleconference>                                                      
                                                                                                    
May 08            Thursday                                       Beltz 211              1:30 PM   
+ HB 151 DWELLING DESIGN/CONSTRUCTION CLAIMS                                                        
+ HB 242 EXAM FOR CPA'S                                                                             
+ HB 120 SERVICE CONTRACT SALES ARE NOT INSURANCE                                                   
+ HB 135 MARITAL & FAMILY THERAPISTS                                                                
+ HB 194 REGIONAL DEVELOPMENT ORG TAX CREDIT                                                        
+ SB 209 MARINE PILOT FOR FOREIGN PLEASURE CRAFT                                                    
                  Bills Previously Heard/Scheduled                                                  
                                                                                                    
May 13            Tuesday                                        Beltz 211              1:30 PM   
+ SB 194 LIQUOR DELIVERED TO HOTELS/CRUISE SHIPS                                                    
+ HB  83 REVISED UNIFORM ARBITRATION ACT                                                            
                  Confirmation Hearings:                                                            
                  Alaska Labor Relations - Colleen Scanlon                                          
                  Board of Barbers and Hairdressers -                                               
                  Charlene Lushin, Joylene A. Marrs                                                 
                  Board of Chiropractic Examiners -                                                 
                  Dr. David Mulholland                                                              
                  Real Estate Commission -                                                          
                  Brad J. Fluetsch, Barbara Parker-Ramsey,                                          
                  David B. Somers, Z. Kent Sullivan, Esq.                                           
                  Board of Veterinary Examiners -                                                   
                  Steven Torrence                                                                   
                  Workers Compensation Board -                                                      
                  John Abshire, Richard Behrends,                                                   
                  Andrew Piekarski, Marc Stemp                                                      
                  Bills Previously Heard/Scheduled                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-06                     Senate Journal                      Page 1193
                                   RESOURCES                                                     
                                                                                                    
May 06            Tuesday                                 Butrovich 205                 4:00 PM   
                  -- Continued from 5/5/03 --                                                       
+= SB 185 ROYALTY REDUCTION ON CERTAIN OIL                                                          
                                                                                                    
May 07            Wednesday                               Butrovich 205                 3:30 PM   
+                 Confirmation Hearing: Board of Fisheries-                                         
                  Rupert Andrews                                                                    
+ HB  61 OIL & GAS TAX CREDIT FOR EXPLORATION/DEV                                                   
+ HB 118 TRANSPORTATION OF COMMERCIAL FISH                                                          
+                 Bills Previously Heard/Scheduled                                                  
                  <Meeting will recess from 5 - 6 pm>                                               
                                                                                                    
May 09            Friday                                  Butrovich 205                 3:30 PM   
                   ----------------------------------------                                        
                                                                                                    
                                 STATE AFFAIRS                                                   
                                                                                                    
May 06            Tuesday                                        Beltz 211              3:30 PM   
      SB 203 OFFICE OF ADMINISTRATIVE HEARINGS                                                      
+ HB  81 MOTOR VEHICLE EMISSIONS INSPECTION                                                         
= HB  14 PERMANENT FUND ALLOWABLE ABSENCES                                                          
= SJR 18 CONST. AM: PF APPROPS/INFLATION-PROOFING                                                   
                  Bills Previously Heard/Scheduled                                                  
                                                                                                    
May 08            Thursday                                       Beltz 211              3:30 PM   
      HB 248 SALARY OF CHIEF PROCUREMENT OFFICER                                                    
= SJR  6 CONST AM: 90 DAY LEGISLATIVE SESSION                                                       
+ SB 198 DAMAGES RECOVERED BY POLICE/FIREFIGHTER                                                    
      SB 211 REGULATIONS: NOTICE AND DISTRIBUTION                                                   
      HB 266 ELECTIONS                                                                              
                  Bills Previously Heard/Scheduled                                                  
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
May 06            Tuesday                                 Butrovich 205                 1:30 PM   
+ HB  97 LONG-TERM LEASES OF ALASKA RR LAND                                                         
      SB 213 KNIK ARM BRIDGE AND TOLL AUTHORITY                                                     
                  Bills Previously Heard/Scheduled                                                  
                   ----------------------------------------                                        
                                                                                                    

2003-05-06                     Senate Journal                      Page 1194
                               JOINT COMMITTEES                                                  
                                                                                                    
                     CONFERENCE COMMITTEE ON HB 75 & HB 76                                       
                                                                                                    
May 06            Tuesday                         Senate Finance 532                    4:00 PM   
      HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                   
      HB  76 APPROP:MENTAL HEALTH BUDGET                                                            
                  Organization, Request for Limited Powers