Legislature(2003 - 2004)

2003-05-15 Senate Journal

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2003-05-15                     Senate Journal                      Page 1415
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                    Thursday                     May 15, 2003                       
                                                                                                    
                          One Hundred Fifteenth Day                                              
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:52 a.m.                                                                            
                                                                                                    
The roll showed nineteen members present. Senator Bunde was                                         
absent.                                                                                             
                                                                                                    
The prayer was offered by the Chaplain, Dr. Paul Beran of the                                       
Resurrection Lutheran Church. Senator Hoffman moved and asked                                       
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          Let us reflect and give thanks.                                                           
                                                                                                    
          Gracious God, our Heavenly Father, You lavish with                                        
          generosity every good and perfect gift: You've buried                                     
          in the earth gold, silver, and oil; You placed in the                                     
          seas an abundance of fish; You've covered many of                                         
          the mountains with trees stretching skyward; You've                                       
          placed on the land bountiful animals, caribou,                                            
          reindeer, and moose. You've called us to be                                               
          responsible caretakers. We praise You and give You                                        
          thanks for the bounty of Your creation.                                                   
                                                                                                    
          As we face and make decisions help us to be Your                                          
          diligent and wise stewards. Give us direction for their                                   
          right uses and save us from the greed that abuses, that                                   
          we and generations to come might rejoice with us in                                       
          the lavish goodness and abundance of Your hand.                                           
          This I pray in the Name of Jesus, Who came not to be                                      
    served, but to serve.                                           Amen.                          
                                                                                                    

2003-05-15                     Senate Journal                      Page 1416
Senator Green led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred fourteenth legislative day be approved as                               
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
HB 249                                                                                            
Message dated and received May 14 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:                                    
                                                                                                    
          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."                                                         
                                                                                                    
                             Chapter 19, SLA 2003                                                  
                         Effective Date: May 15, 2003                                              
                                                                                                    
SB 43                                                                                             
Message dated and received May 14 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:                                    
                                                                                                    
                    CS FOR SENATE BILL NO. 43(FIN) "An Act                                         
             extending the termination date of the State Medical                                   
          Board."                                                                                   
                                                                                                    
                             Chapter 20, SLA 2003                                                  
                       Effective Date: August 12, 2003                                             
                                                                                                    
The presence of Senator Bunde was noted.                                                            
                                                                                                    

2003-05-15                     Senate Journal                      Page 1417
HB 64                                                                                             
Message dated and received May 14 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:                                    
                                                                                                    
          CS FOR HOUSE BILL NO. 64(JUD) "An Act                                                     
          relating to court approval of the purchase of                                             
          structured settlements."                                                                  
                                                                                                    
                             Chapter 21, SLA 2003                                                  
                       Effective Date: August 12, 2003                                             
                                                                                                    
                                                                                                    
                           Messages from the House                                               
SB 151                                                                                            
Message dated May 14 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 151(L&C) "An Act                                                   
          relating to the regulation of natural gas pipelines                                       
          under the Pipeline Act; and providing for an effective                                    
          date."                                                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 184                                                                                            
Message dated May 14 was received, stating the House concurred in                                   
the Senate amendments to CS FOR SPONSOR SUBSTITUTE FOR                                              
HOUSE BILL NO. 184(L&C) am, thus adopting:                                                          
                                                                                                    
          SENATE CS FOR CS FOR SPONSOR                                                              
          SUBSTITUTE FOR HOUSE BILL NO. 184(L&C)                                                    
          am S "An Act relating to individual deferred                                              
          annuities; and providing for an effective date."                                          
                                                                                                    
Message dated May 14 was read, stating the House has ratified the                                   
appointment of Marianne Stillner as a public member to the Select                                   
Committee on Legislative Ethics.                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1418
Messages dated May 14 were read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HCR 17                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 17 BY THE HOUSE                                                     
HEALTH, EDUCATION & SOCIAL SERVICES COMMITTEE,                                                      
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning Senate Bill No. 25, relating to the                                            
          acquisition of teachers' housing by regional                                              
          educational attendance areas and to teachers' housing                                     
          loan programs in the Alaska Housing Finance                                               
          Corporation.                                                                              
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 245                                                                                            
CS FOR HOUSE BILL NO. 245(JUD)(efd fld) BY THE HOUSE                                                
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to certain suits and claims by                                           
          members of the military services; relating to certain                                     
          suits and claims regarding acts or omissions of the                                       
          organized militia; relating to workers' compensation                                      
          and death benefits for members of the organized                                           
          militia; relating to liability arising out of certain                                     
          search and rescue, civil defense, fire management,                                        
          and fire fighting activities."                                                            
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1419
HB 251                                                                                            
CS FOR HOUSE BILL NO. 251(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to exemption of certain foreign                                          
          pleasure craft from the mandatory pilotage                                                
          requirement and to civil fines imposed on the owner                                       
          or operator of a pleasure craft of foreign registry; and                                  
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 25                                                                                             
Message dated May 14 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 25(FIN) "An                                       
Act relating to the acquisition of teachers' housing by regional                                    
educational attendance areas and to teachers' housing loan programs in                              
the Alaska Housing Finance Corporation; and providing for an                                        
effective date" with the following amendment:                                                       
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          25(RLS) "An Act relating to the acquisition of                                            
          teachers' housing by regional educational attendance                                      
          areas and to a teacher housing loan program and a                                         
          teachers' and nurses' housing loan program in the                                         
          Alaska Housing Finance Corporation; and providing                                         
          for an effective date."                                                                   
          (Title change authorized by HCR 17)                                                       
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1420
HCS CSSB 25(RLS)                                                                                    
Shall the Senate concur in the House amendment                                                      
to CSSB 25(FIN)?   Effective Date                                                                   
                                                                                                    
YEAS:  17   NAYS:  1   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Hoffman, Lincoln, Seekins, Stevens B, Stevens G, Taylor, Therriault,                                
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Green                                                                                        
                                                                                                    
Absent:  Ogan, Olson                                                                                
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 25(RLS) "An Act                                                 
relating to the acquisition of teachers' housing by regional educational                            
attendance areas and to a teacher housing loan program and a teachers'                              
and nurses' housing loan program in the Alaska Housing Finance                                      
Corporation; and providing for an effective date."                                                  
                                                                                                    
Senator Ben Stevens  moved and asked unanimous consent that the                                     
vote on concurrence be considered the vote on the effective date                                    
clause. Without objection, it was so ordered.                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HCR 17                                                                                            
Senator Ben Stevens moved and asked unanimous consent to bring up                                   
HOUSE CONCURRENT RESOLUTION NO. 17. Without objection,                                              
HOUSE CONCURRENT RESOLUTION NO. 17 was before the                                                   
Senate on final passage.                                                                            
                                                                                                    
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 17 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning Senate Bill No. 25,                                     
relating to the acquisition of teachers' housing by regional educational                            
attendance areas and to teachers' housing loan programs in the Alaska                               
Housing Finance Corporation, pass the Senate?" The roll was taken                                   
with the following result:                                                                          
                                                                                                    

2003-05-15                     Senate Journal                      Page 1421
HCR 17                                                                                              
Final Passage                                                                                       
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G, Taylor,                                     
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Absent:  Bunde, Ogan                                                                                
                                                                                                    
and so, HOUSE CONCURRENT RESOLUTION NO. 17 passed the                                               
Senate.                                                                                             
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 124                                                                                            
Message dated May 14 was read, stating the House passed and                                         
returned for consideration SENATE BILL NO. 124(efd fld) "An Act                                     
relating to grants for alcoholism and drug abuse programs" with the                                 
following amendment:                                                                                
                                                                                                    
                  HOUSE CS FOR SENATE BILL NO. 124(FIN) "An                                        
             Act relating to grants for alcoholism and drug abuse                                  
          programs; and providing for an effective date."                                           
          (technical title change)                                                                  
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
Senator Green called the Senate. The call was satisfied.                                            
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCSSB 124(FIN)                                                                                      
Shall the Senate concur in House amendment                                                          
to SB 124(efd fld)?                                                                                 
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  

2003-05-15                     Senate Journal                      Page 1422
                                                                                                    
and so, the Senate concurred in the House amendment.                                                
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
HCS SB 124(FIN)                                                                                     
Effective Date Clause                                                                               
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the effective date clause failed.                                                           
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
HOUSE CS FOR SENATE BILL NO. 124(FIN)(efd fld) "An Act                                              
relating to grants for alcoholism and drug abuse programs" was                                      
referred to the Secretary for engrossment.                                                          
                                                                                                    
SJR 10                                                                                            
Message dated May 14 was read, stating the House passed and                                         
returned for consideration SENATE JOINT RESOLUTION NO. 10                                           
with the following amendment:                                                                       
                                                                                                    
                     HOUSE CS FOR SENATE JOINT RESOLUTION                                          
          NO. 10(JUD) Relating to the Pledge of Allegiance.                                         
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1423
HCS SJR 10(JUD)                                                                                     
Shall the Senate concur in the House amendment                                                      
to SJR 10?                                                                                          
                                                                                                    
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, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR SENATE JOINT RESOLUTION NO. 10(JUD)                                                    
Relating to the Pledge of Allegiance.                                                               
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated May 14 was read, stating:                                                              
                                                                                                    
In accordance with AS 24.60.130 the Senate Judiciary Committee                                      
reviewed the following with regard to confirmation and recommends                                   
the appointment be forwarded to the Senate floor:                                                   
                                                                                                    
Select Committee on Legislative Ethics                                                            
 Marianne Stillner                                                                                  
                                                                                                    
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: Senators Therriault, Ogan, French.                                              
                                                                                                    
Senator Ben Stevens requested that the confirmation of Marianne                                     
Stillner to the Select Committee on Legislative Ethics be taken up at                               
this time. Without objection, it was so ordered.                                                    
                                                                                                    
Senator Ben Stevens moved that Marianne Stillner be confirmed as a                                  
Public Member to the Select Committee on Legislative Ethics.                                        
                                                                                                    

2003-05-15                     Senate Journal                      Page 1424
The question being: "Shall Marianne Stillner be confirmed as a Public                               
Member to the Select Committee on Legislative Ethics?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
                                                                                                    
Shall Marianne Stillner be confirmed as a member                                                    
of the Select Committee on Legislative Ethics?                                                      
                                                                                                    
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, Marianne Stillner was confirmed by the Senate.                                              
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
Report dated May 14 was read, stating:                                                              
                                                                                                    
In accordance with AS 39.05.080, the Senate Judiciary Committee                                     
reviewed the following with regard to confirmation of the Governor's                                
appointments and recommends the appointment be forwarded to a                                       
joint session for consideration:                                                                    
                                                                                                    
Board of Governors of the Alaska Bar                                                              
 William A. Granger                                                                                 
                                                                                                    
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 Seekins, Chair; Senators Therriault, Ogan,                              
French.                                                                                             
                                                                                                    
SB 2                                                                                              
Corrected Judiciary Committee Substitute (page 1300) for SENATE                                     
BILL NO. 2 "An Act relating to recovery of civil damages from the                                   
parents or legal guardian of a minor; and providing for an effective                                
date" was received today:                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 2(JUD) "An Act                                                     
          relating to liability for destruction of property by an                                   
          unemancipated minor; and providing for an effective                                       
          date."                                                                                    

2003-05-15                     Senate Journal                      Page 1425
SB 215                                                                                            
The Finance Committee considered SENATE BILL NO. 215 "An Act                                        
giving notice of and approving the entry into and the issuance of                                   
certificates of participation for a lease-purchase agreement for a                                  
seafood and food safety laboratory facility; relating to the use of                                 
certain investment income for certain construction costs; and                                       
providing for an effective date" and recommended the adoption of the                                
State Affairs Committee Substitute offered on page 1384. Signing do                                 
pass: Senator Wilken, Cochair; Senators Taylor, Ben Stevens. Signing                                
no recommendation: Senators Olson, Bunde, Hoffman.                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Environmental Conservation                                        
 Fiscal Note No. 3, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 61                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
61(FIN) "An Act establishing an exploration and development                                         
incentive tax credit for operators and working interest owners directly                             
engaged in the exploration for and development of gas for sale and                                  
delivery without reference to volume from a lease or property in the                                
state; and providing for an effective date" and recommended the                                     
adoption of the Resources Senate Committee Substitute offered on                                    
page 1270. Signing do pass: Senator Wilken, Cochair; Senators                                       
Taylor, Ben Stevens. Signing no recommendation: Senators Olson,                                     
Bunde, Hoffman.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
 Fiscal Note No. 2, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 154                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
154(FIN) "An Act relating to advancement in public schools of                                       
children under school age; and providing for an effective date for the                              
Act of July 1, 2004." Signing do pass: Senator Wilken, Cochair;                                     
Senators Taylor, Bunde, Ben Stevens. Signing do not pass: Senators                                  
Hoffman, Olson.                                                                                     

2003-05-15                     Senate Journal                      Page 1426
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Education and Early                                               
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 171                                                                                            
The Finance Committee considered HOUSE BILL NO. 171 am "An                                          
Act repealing the charter school grant program; and providing for an                                
effective date." Signing do pass: Senator Wilken, Cochair; Senators                                 
Bunde, Ben Stevens. Signing no recommendation: Senators Taylor,                                     
Hoffman, Olson.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Education and Early                                               
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 174                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
174(FIN) am "An Act relating to the state centralized correspondence                                
study program, to funding for educational programs that occur                                       
primarily outside school facilities, and to the duties of school boards of                          
borough and city school districts and regional educational attendance                               
areas; and providing for an effective date." Signing do pass: Senator                               
Wilken, Cochair; Senators Bunde, Ben Stevens. Signing no                                            
recommendation: Senators Hoffman, Taylor, Olson.                                                    
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Education and Early                                               
  Development                                                                                       
 Fiscal Note No. 3, Department of Education and Early                                               
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1427
HB 210                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
210(RES) "An Act relating to the Chitina dip net fishery; and                                       
providing for an effective date." Signing do pass: Senator Wilken,                                  
Cochair; Senators Taylor, Bunde, Ben Stevens. Signing do not pass:                                  
Senators Hoffman, Olson.                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
 Fiscal Note No. 3, Department of Fish and Game                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 225                                                                                            
The Finance Committee considered HOUSE BILL NO. 225 "An Act                                         
relating to certain civil actions brought by the attorney general under                             
monopoly and restraint of trade statutes; relating to the award of                                  
damages in actions brought under those statutes; and providing for an                               
effective date." Signing do pass: Senator Wilken, Cochair; Senators                                 
Taylor, Bunde, Ben Stevens. Signing no recommendation: Senators                                     
Hoffman, Olson.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Law                                                
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 266                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
266(FIN) "An Act relating to questioned ballots and questioned voters,                              
voter registration, training of election officials, preparation of election                         
materials, provision of election materials, forms, and supplies for                                 
polling places, voter identification, absentee voting, and counting                                 
ballots; and providing for an effective date." Signing do pass: Senator                             
Wilken, Cochair; Senators Taylor, Olson, Bunde, Ben Stevens,                                        
Hoffman.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Administration                                              
 Fiscal Note No. 3, Office of the Governor                                                          

2003-05-15                     Senate Journal                      Page 1428
The bill was referred to the Rules Committee                                                        
                                                                                                    
HB 313                                                                                            
The Labor and Commerce Committee considered HOUSE BILL NO.                                          
313 "An Act authorizing a pilot program relating to state procurement                               
and the use of electronic commerce tools; and providing for an                                      
effective date." Signing do pass: Senator Bunde, Chair; Senator                                     
Seekins. Signing no recommendation: Senators French, Gary Stevens.                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SJR 3                                                                                             
The Judiciary Committee considered SENATE JOINT RESOLUTION                                          
NO. 3 Proposing amendments to the Constitution of the State of                                      
Alaska relating to an appropriation limit and a spending limit. Signing                             
no recommendation: Senator Ogan, Vice Chair; Senators French,                                       
Therriault.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Senate Judiciary Committee                                                
                                                                                                    
The resolution was referred to the Finance Committee.                                               
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
HJR 28                                                                                            
The World Trade and State/Federal Relations Committee considered                                    
HOUSE JOINT RESOLUTION NO. 28 am Urging the United States                                           
Congress to support the granting of official Observer Status to the                                 
Republic of China at the World Health Assembly Annual Conference                                    
to be held at Geneva, Switzerland, in May 2003, and to support                                      
negotiation of a free trade agreement with the Republic of China.                                   
Signing do pass: Senator Cowdery, Chair; Senators Guess, Therriault,                                
Seekins.                                                                                            
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1429
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The resolution was referred to the State Affairs Committee.                                         
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 225                                                                                            
SENATE BILL NO. 225 BY SENATOR FRENCH, entitled:                                                    
                                                                                                    
          "An Act placing the executive director of the Council                                     
          on Domestic Violence and Sexual Assault in the                                            
          partially exempt service and staff of the council in the                                  
          classified service."                                                                      
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
SB 226                                                                                            
SENATE BILL NO. 226 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
            "An Act relating to receipts of certain state agencies                                 
               and the accounting for and disposition of those                                     
          receipts; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Office of the Governor                                                    
                                                                                                    
Governor's transmittal letter dated May 14:                                                         
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to the receipts of certain state agencies and                          
accounting for those receipts. The bill would eliminate authority for                               

2003-05-15                     Senate Journal                      Page 1430
the segregation of and separate accounting for program receipts. These                              
receipts are collected principally under AS 37.10.050 in the form of                                
fees, licenses, taxes, or other money generated by state agency                                     
activities. If these receipts were not statutorily designated as "program                           
receipts", they would be considered assets of the unrestricted general                              
fund. Under provisions of existing law, these receipts keep their                                   
identity even though they are deposited in the general fund of the state.                           
Separate accounts are kept within the general fund from which the                                   
legislature appropriates for purposes usually related to sources from                               
which the receipts are derived.                                                                     
                                                                                                    
This bill would repeal the authority for the separate accounting of                                 
program receipts. The bill also would amend parts of the enabling                                   
statutes of state agencies that authorize separate accounting of specific                           
receipts.                                                                                           
                                                                                                    
Separate accounting has the effect of segregating these receipts from                               
other amounts in the general fund. It also tends to place artificial                                
restrictions on the ability to expend from the general fund and is                                  
contrary to the spirit of the Alaska Constitution's prohibition against                             
dedicated funds. The legislature retains the power to appropriate these                             
receipts for any public purpose and it is this power that distinguishes                             
the practice of designating program receipts from a legal dedication                                
for a specific purpose. However, the designations made by law operate                               
in the same manner as earmarking. It is inefficient fiscal policy and I                             
hope that this bill will serve as a basis for reconsidering the treatment                           
of these valuable state assets.                                                                     
                                                                                                    
Finally, eliminating program receipts as a funding source in the                                    
various major appropriation bills would lead to a more easily                                       
understood and transparent budget. Designated program receipts are                                  
general fund assets. However, these receipts currently are declared to                              
be a funding source apart from the general fund for budgeting                                       
purposes. By use of this device, funding sources in the budget bills                                
have shifted from the general fund to program receipts. If this practice                            
is eliminated, the public would have a full accounting of all the state's                           
revenue that is earned by the state and appropriated for public                                     
purposes.                                                                                           
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1431
To avoid disrupting the process for the fiscal year 2004 budgets, the                               
changes made by the bill would not take effect until July 1, 2004.                                  
                                                                                                    
I urge your favorable consideration of this bill.                                                   
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 227                                                                                            
SENATE BILL NO. 227 BY SENATOR GARY STEVENS, entitled:                                              
                                                                                                    
                 "An Act relating to municipal initiative and                                      
          referendum elections."                                                                    
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and State Affairs Committees.                                                               
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 8                                                                                              
SENATE BILL NO. 8 "An Act relating to tampering with public                                         
records" was read the second time.                                                                  
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 1199.                                
Without objection, CS FOR SENATE BILL NO. 8(JUD) was adopted.                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 8(JUD) was read the third time.                                              
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 8(JUD) "An                                        
Act relating to tampering with public records" pass the Senate?" The                                
roll was taken with the following result:                                                           

2003-05-15                     Senate Journal                      Page 1432
                                                                                                    
CSSB 8(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 SENATE BILL NO. 8(JUD) passed the Senate.                                            
                                                                                                    
Senators Lincoln, French, Bunde, Cowdery, Elton, Ellis, moved and                                   
asked unanimous consent to be shown as cosponsors on the bill.                                      
Without objection, it was so ordered.                                                               
                                                                                                    
CS FOR SENATE BILL NO. 8(JUD) was referred to the Secretary for                                     
engrossment.                                                                                        
                                                                                                    
SB 26                                                                                             
SENATE BILL NO. 26 "An Act relating to state employees who are                                      
called to active duty as reserve or auxiliary members of the armed                                  
forces of the United States; and providing for an effective date" was                               
read the second time.                                                                               
                                                                                                    
Senator Gary Stevens, Chair, moved and asked unanimous consent for                                  
the adoption of the State Affairs Committee Substitute offered on page                              
589. Without objection, CS FOR SENATE BILL NO. 26(STA) was                                          
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 26(STA) was read the third time.                                             
                                                                                                    
Senator Ellis called the Senate. The call was satisfied.                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1433
The question being: "Shall CS FOR SENATE BILL NO. 26(STA)                                           
"An Act relating to state employees who are called to active duty as                                
reserve or auxiliary members of the armed forces of the United States;                              
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
CSSB 26(STA)                                                                                        
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, CS FOR SENATE BILL NO. 26(STA) 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.                                                  
                                                                                                    
Senators Ellis, Ben Stevens, Guess, Cowdery, Dyson, Gary Stevens,                                   
Wagoner, Seekins, Olson, Therriault, moved and asked unanimous                                      
consent to be shown as cosponsors on the bill. Without objection, it                                
was so ordered.                                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 26(STA) was referred to the Secretary                                        
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 120                                                                                            
CS FOR HOUSE BILL NO. 102(RLS) am "An Act excluding service                                         
contracts from regulation as insurance; relating to insurance licensing                             
for motor vehicle service contracts and home warranties; and                                        
providing for an effective date" pass the Senate?" was read the second                              
time.                                                                                               
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1434
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR HOUSE BILL NO. 120(RLS) am was read the third time.                                          
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 120(RLS) am                                        
"An Act excluding service contracts from regulation as insurance;                                   
relating to insurance licensing for motor vehicle service contracts and                             
home warranties; and providing for an effective date" pass the                                      
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSHB 120(RLS) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Nays:  Taylor                                                                                       
                                                                                                    
and so, CS FOR HOUSE BILL NO. 120(RLS) 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.                                    
                                                                                                    
HB 250                                                                                            
CS FOR HOUSE BILL NO. 250(FIN) "An Act relating to protests of                                      
state contract awards, to claims on state contracts, to the arbitration of                          
certain state construction contract claims, and to hearings and appeals                             
under the State Procurement Code; making conforming amendments                                      
in the State Procurement Code; and providing for an effective date"                                 
was read the second time.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      

2003-05-15                     Senate Journal                      Page 1435
CS FOR HOUSE BILL NO. 250(FIN) was read the third time.                                             
                                                                                                    
Senators Wilken, Taylor, Wagoner, Dyson, Seekins, Ogan, moved and                                   
asked unanimous consent to be shown as cosponsors on the bill.                                      
Without objection, it was so ordered.                                                               
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 250(FIN) "An                                       
Act relating to protests of state contract awards, to claims on state                               
contracts, to the arbitration of certain state construction contract                                
claims, and to hearings and appeals under the State Procurement Code;                               
making conforming amendments in the State Procurement Code; and                                     
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSHB 250(FIN)                                                                                       
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, CS FOR HOUSE BILL NO. 250(FIN) 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.                                    
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in recess to 4:00 p.m. Without objection, the Senate                                   
recessed at 12:54 p.m.                                                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1436
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 4:30 p.m.                                                                  
                                                                                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 30                                                                                             
CS FOR SENATE BILL NO. 30(JUD) am was read the third time.                                          
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 30(JUD) am                                        
"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"                                    
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSSB 30(JUD) am                                                                                     
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Hoffman, Ogan, Olson, Seekins,                                        
Stevens B, Stevens G, Taylor, Therriault, Wagoner                                                   
                                                                                                    
Nays:  Bunde, Davis, Ellis, Elton, French, Guess, Lincoln, Wilken                                   
                                                                                                    
and so, CS FOR SENATE BILL NO. 30(JUD) am passed the Senate.                                        
                                                                                                    
Senator Lincoln gave notice of reconsideration.                                                     
                                                                                                    
SB 100                                                                                            
CS FOR SENATE BILL NO. 100(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 100(FIN)                                          
"An Act making capital appropriations, supplemental appropriations,                                 
and reappropriations; capitalizing funds; making other appropriations;                              
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1437
CSSB 100(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, CS FOR SENATE BILL NO. 100(FIN) passed the Senate.                                          
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 100(FIN)                                                                                       
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the effective date clauses failed.                                                          
                                                                                                    
Senator Ben Stevens moved for the adoption of the constitutional                                    
budget reserve fund section 14(d).                                                                  
                                                                                                    
The question being: "Shall the constitutional budget reserve fund                                   
section (Article IX, Section 17(c) Constitution of the State of Alaska)                             
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
CSSB 100(FIN)(efd fld)                                                                              
Adopt Constitutional Budget Reserve Fund Sec. 14(d)?                                                
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  

2003-05-15                     Senate Journal                      Page 1438
                                                                                                    
and so, the constitutional budget reserve fund section failed to be                                 
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens moved for the adoption of the constitutional                                    
budget reserve fund section 14(a).                                                                  
                                                                                                    
The question being: "Shall the constitutional budget reserve fund                                   
section (Article IX, Section 17(c) Constitution of the State of Alaska)                             
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
CSSB 100(FIN)(efd fld)                                                                              
Adopt Constitutional Budget Reserve Fund Sec. 14(a)?                                                
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the constitutional budget reserve fund section failed to be                                 
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens moved for the adoption of the constitutional                                    
budget reserve fund section 14(b).                                                                  
                                                                                                    
The question being: "Shall the constitutional budget reserve fund                                   
section (Article IX, Section 17(c) Constitution of the State of Alaska)                             
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
CSSB 100(FIN)(efd fld)                                                                              
Adopt Constitutional Budget Reserve Fund Sec. 14(b)?                                                
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the constitutional budget reserve fund section failed to be                                 
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens moved for the adoption of the constitutional                                    
budget reserve fund section 14(c).                                                                  

2003-05-15                     Senate Journal                      Page 1439
The question being: "Shall the constitutional budget reserve fund                                   
section (Article IX, Section 17(c) Constitution of the State of Alaska)                             
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
CSSB 100(FIN)(efd fld)                                                                              
Adopt Constitutional Budget Reserve Fund Sec. 14(c)?                                                
                                                                                                    
YEAS:  11   NAYS:  8   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Absent:  Taylor                                                                                     
                                                                                                    
and so, the constitutional budget reserve fund section failed to be                                 
adopted.                                                                                            
                                                                                                    
Senator Ellis gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 100(FIN)(brf sup maj fld)(efd fld) "An Act making capital                                  
appropriations, supplemental appropriations, and reappropriations;                                  
capitalizing funds; and making other appropriations."                                               
                                                                                                    
SB 102                                                                                            
CS FOR SENATE BILL NO. 102(L&C) "An Act increasing the                                              
amount of revenue received by the state from charitable gaming                                      
activities; relating to taxes on pull-tabs; and providing for an effective                          
date" was read the third time.                                                                      
                                                                                                    
Senator Ellis called the Senate. The call was satisfied.                                            
                                                                                                    
Senator Bunde moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 1.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Bunde offered Amendment No. 1:                                                              
                                                                                                    
Page 2, following line 5:                                                                           
 Insert new bill sections to read:                                                                  
"* Sec. 3.  AS 29.10.200(51) is amended to read:                                                  
  (51)  AS 29.45.650(c), (d), (e), [AND] (f), and (i) (sales and                                
use tax);                                                                                           

2003-05-15                     Senate Journal                      Page 1440
* Sec. 4.  AS 29.45.650 is amended by adding a new subsection to                                  
read:                                                                                               
 (i)  A borough may not levy or collect a sales or a use tax on pull-                               
tabs used in charitable gaming.  This subsection applies to home rule                               
and general law municipalities.                                                                     
* Sec. 5.  AS 29.45.700(d) is amended to read:                                                    
 (d)  A city that levies and collects sales and use taxes under (a) of                              
this section may not levy and collect a sales tax on a purchase made                                
with (1) food coupons, food stamps, or other types of allotments                                    
issued under 7 U.S.C. 2011 - 2036 (Food Stamp Program); or (2) food                                 
instruments, food vouchers, or other type of certificate issued under 42                            
U.S.C. 1786 (Special Supplemental Food Program for Women,                                           
Infants, and Children). For purposes of this subsection, the value of a                             
food stamp allotment paid in the form of a wage subsidy as authorized                               
under AS 47.25.975(b) is not considered to be an allotment issued                                   
under 7 U.S.C. 2011 - 2036 (Food Stamp Program).  A city that levies                            
and collects sales and use taxes under (a) of this section may not                              
levy and collect a sales or use tax on pull-tabs used in charitable                             
gaming.  This subsection applies to home rule and general law                                   
municipalities."                                                                                    
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, line 8:                                                                                     
 Delete "sec. 5"                                                                                    
 Insert  "sec. 8"                                                                                   
                                                                                                    
Page 2, line 11:                                                                                    
 Delete "secs. 1 and 2"                                                                             
 Insert  "secs. 1 - 5"                                                                              
                                                                                                    
Page 2, line 12:                                                                                    
 Delete "sec. 5"                                                                                    
 Insert  "sec. 8"                                                                                   
 Delete "sec. 3"                                                                                    
 Insert  "sec. 6"                                                                                   
                                                                                                    
Page 2, line 14:                                                                                    
 Delete "sec. 4"                                                                                    
 Insert  "sec. 7"                                                                                   

2003-05-15                     Senate Journal                      Page 1441
Senator Bunde moved for the adoption of Amendment No. 1.                                            
Objections were heard.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 102(L&C)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Ellis, French, Green, Ogan, Seekins, Stevens                                 
B, Stevens G, Taylor, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Dyson, Elton, Guess, Hoffman, Lincoln, Olson                                          
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
CS FOR SENATE BILL NO. 102(L&C) am was automatically in                                             
third reading.                                                                                      
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 102(L&C)                                          
am "An Act increasing the amount of revenue received by the state                                   
from charitable gaming activities; relating to taxes on pull-tabs; and                              
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSSB 102(L&C) am                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, CS FOR SENATE BILL NO. 102(L&C) am passed the                                               
Senate.                                                                                             
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    

2003-05-15                     Senate Journal                      Page 1442
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 102(L&C) am                                                                                    
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the effective date clauses failed.                                                          
                                                                                                    
Senator Elton gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 102(L&C) am(efd fld) "An Act increasing the amount of                                      
revenue received by the state from charitable gaming activities, and                                
relating to taxes on pull-tabs."                                                                    
                                                                                                    
SB 117                                                                                            
CS FOR SENATE BILL NO. 117(FIN) "An Act relating to the                                             
longevity bonus program; and providing for an effective date" was                                   
read the third time.                                                                                
                                                                                                    
Senator Guess declared a conflict of interest.                                                      
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 117(FIN)                                          
"An Act relating to the longevity bonus program; and providing for an                               
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSSB 117(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Seekins, Stevens B, Stevens                                    
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Ogan,                                  
Olson                                                                                               
                                                                                                    
and so, CS FOR SENATE BILL NO. 117(FIN) passed the Senate.                                          

2003-05-15                     Senate Journal                      Page 1443
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 117(FIN)                                                                                       
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Seekins, Stevens B, Stevens                                    
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Ogan,                                  
Olson                                                                                               
                                                                                                    
and so, the effective date clauses failed.                                                          
                                                                                                    
Senator Guess gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 117(FIN)(efd fld) "An Act relating to the longevity bonus                                  
program."                                                                                           
                                                                                                    
SB 119                                                                                            
CS FOR SENATE BILL NO. 119(FIN) was read the third time.                                            
                                                                                                    
Senator Ben Stevens called the Senate. The call was satisfied.                                      
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 119(FIN)                                          
"An Act authorizing the Alaska Public Offices Commission to issue                                   
advisory opinions; amending campaign financial disclosure and                                       
reporting requirements, campaign contribution limits, provisions                                    
related to contributions after elections, and provisions related to                                 
unused campaign contributions; providing for expedited consideration                                
of, and modifying procedures for determining, violations of state                                   
election campaign laws; amending the time period within which to file                               
an administrative complaint of a violation of state election campaign                               
laws; amending the definitions of 'express communication' and                                       
'political party' for state election campaigns; amending the registration                           
fee for lobbyists; providing for increased use of electronic filing for                             
reports to the Alaska Public Offices Commission; adding a definition                                
of 'commission' in the regulation of lobbying laws; amending the                                    

2003-05-15                     Senate Journal                      Page 1444
requirements for the reporting of financial interests by public officials;                          
adding a definition of 'domestic partner' in the legislative ethics code                            
and in the public official financial disclosure requirements; allowing                              
classified employees to take an active part in political party                                      
management; making conforming amendments; and providing for an                                      
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSSB 119(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, CS FOR SENATE BILL NO. 119(FIN) passed the Senate.                                          
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 119(FIN)                                                                                       
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Seekins,                                        
Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken                                           
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Lincoln, Olson                                           
                                                                                                    
and so, the effective date clauses failed.                                                          
                                                                                                    
Senator Ellis gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 119(FIN)(efd fld) "An Act authorizing the Alaska Public                                    
Offices Commission to issue advisory opinions; amending campaign                                    
financial disclosure and reporting requirements, campaign contribution                              
limits, provisions related to contributions after elections, and                                    
provisions related to unused campaign contributions; providing for                                  

2003-05-15                     Senate Journal                      Page 1445
expedited consideration of, and modifying procedures for determining,                               
violations of state election campaign laws; amending the time period                                
within which to file an administrative complaint of a violation of state                            
election campaign laws; amending the definitions of 'express                                        
communication' and 'political party' for state election campaigns;                                  
amending the registration fee for lobbyists; providing for increased use                            
of electronic filing for reports to the Alaska Public Offices                                       
Commission; adding a definition of 'commission' in the regulation of                                
lobbying laws; amending the requirements for the reporting of                                       
financial interests by public officials; adding a definition of 'domestic                           
partner' in the legislative ethics code and in the public official financial                        
disclosure requirements; allowing classified employees to take an                                   
active part in political party management; and making conforming                                    
amendments."                                                                                        
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in recess to 8:00 p.m. Without objection, the Senate                                   
recessed at 6:56 p.m.                                                                               
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 8:25 p.m.                                                                  
                                                                                                    
                                                                                                    
                  Third Reading of Senate Bills (continued)                                      
                                                                                                    
SB 185                                                                                            
CS FOR SENATE BILL NO. 185(FIN) "An Act providing for a                                             
reduction of royalty on certain oil produced from Cook Inlet                                        
submerged land, and for a credit for certain exploration expenses                                   
against oil and gas properties production taxes on oil and gas produced                             
from a lease or property in the state" was read the third time.                                     
                                                                                                    
Senator Ben Stevens called the Senate. The call was satisfied.                                      
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1446
The question being: "Shall CS FOR SENATE BILL NO. 185(FIN)                                          
"An Act providing for a reduction of royalty on certain oil produced                                
from Cook Inlet submerged land, and for a credit for certain                                        
exploration expenses against oil and gas properties production taxes                                
on oil and gas produced from a lease or property in the state" pass the                             
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 185(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, French, Green, Guess,                                          
Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                        
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Ellis, Elton, Lincoln                                                                        
                                                                                                    
and so, CS FOR SENATE BILL NO. 185(FIN) passed the Senate.                                          
                                                                                                    
Senator Elton gave notice of reconsideration.                                                       
                                                                                                    
SB 202                                                                                            
CS FOR SENATE BILL NO. 202(FIN) "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" was read the third time.                                                            
                                                                                                    
Senator Guess 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 Guess offered Amendment No. 2 (Amendment No. 1 was not                                      
offered):                                                                                           
                                                                                                    
Page 1, line 1:                                                                                     
          Delete "the base student allocation used in"                                            
                                                                                                    
Page 2, following line 18:                                                                          
          Insert a new bill section to read:                                                        
   "* Sec. 4.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       

2003-05-15                     Senate Journal                      Page 1447
          TRANSITION: FISCAL YEAR 2004 FUNDING FOR                                                  
SCHOOL DISTRICTS.  If, in fiscal year 2004, a city or borough                                       
school district or a regional educational attendance area would receive                             
less public school funding under AS 14.17.410 than the district or area                             
would have received under AS 14.17.410 and the department's fiscal                                  
year 2004 projected learning opportunity grants, the district or area is,                           
only in fiscal year 2004, eligible to receive additional public school                              
funding equal to the difference between the public school funding the                               
district or area would be eligible to receive under AS 14.17.410 and                                
the public school funding the district or area would have received                                  
under AS 14.17.410 and the department's fiscal year 2004 projected                                  
learning opportunity grants."                                                                       
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 2. Senator                                    
Ben Stevens objected.                                                                               
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 202(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
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, Amendment No. 2 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 202(FIN) was automatically in third                                          
reading.                                                                                            
                                                                                                    
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. 3. Without objection, the bill was returned                                
to second reading.                                                                                  
                                                                                                    

2003-05-15                     Senate Journal                      Page 1448
Senator Taylor offered Amendment No. 3:                                                             
                                                                                                    
Page 1, line 1                                                                                      
 Delete "relating to school transportation;"                                                        
                                                                                                    
Page 1, line 4 through page 2, line 4:                                                              
 Delete entire Section 1 of the bill.                                                               
                                                                                                    
Renumber accordingly.                                                                               
                                                                                                    
Senator Taylor moved for the adoption of Amendment No. 3. Senator                                   
Green objected.                                                                                     
                                                                                                    
Senator Wilken called the Senate. The call was satisfied.                                           
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 202(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Taylor                                                                                              
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, Amendment No. 3 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 202(FIN) was automatically in third                                          
reading.                                                                                            
                                                                                                    
Senator Hoffman  moved that the bill be returned to second reading for                              
the purpose of a specific amendment, that being Amendment No. 4.                                    
Without objection, it was so ordered.                                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1449
Senator Hoffman offered Amendment No. 4:                                                            
                                                                                                    
Page 2, following line 7:                                                                           
          Insert a new bill section to read:                                                        
"* Sec. 3.  AS 14.09.010 is repealed July 1, 2006."                                               
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Senator Hoffman moved for the adoption of Amendment No. 4.                                          
Senator Ben Stevens objected.                                                                       
                                                                                                    
The question being: "Shall Amendment No. 4 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 202(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Taylor                                                                                              
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, Amendment No. 4 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 202(FIN) was automatically in third                                          
reading.                                                                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 202(FIN)                                          
"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" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1450
CSSB 202(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                        
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Davis, Lincoln                                                                               
                                                                                                    
and so, CS FOR SENATE BILL NO. 202(FIN) 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.                                                  
                                                                                                    
Senator Davis gave notice of reconsideration.                                                       
                                                                                                    
SB 213                                                                                            
CS FOR SENATE BILL NO. 213(FIN) "An Act establishing the Knik                                       
Arm Bridge and Toll Authority and relating to that authority; and                                   
providing for an effective date" was read the third time.                                           
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 213(FIN)                                          
"An Act establishing the Knik Arm Bridge and Toll Authority and                                     
relating to that authority; and providing for an effective date" pass the                           
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 213(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, French, Green, Guess,                                          
Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                        
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Ellis, Elton, Lincoln                                                                        
                                                                                                    
and so, CS FOR SENATE BILL NO. 213(FIN) passed the Senate.                                          
                                                                                                    

2003-05-15                     Senate Journal                      Page 1451
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.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Pacific Northern Academy                                                                 
Senator(s) Therriault, Cowdery, Davis, Dyson, Ellis, Elton, French,                                 
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
Honoring - Annette M. Delong, Wasilla Chamber of Commerce 2002                                      
Business Person of the Year                                                                         
Representative(s) Kohring                                                                           
Senator(s) Green, Therriault, Cowdery, Davis, Dyson, Elton, Guess,                                  
Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens,                                  
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
Honoring - LitSite Alaska                                                                           
Representative(s) Cissna                                                                            
Senator(s) Davis, Therriault, Cowdery, Dyson, Elton, French, Green,                                 
Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens,                                  
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
Honoring - Susan Stitham                                                                            
Representative(s) Guttenberg                                                                        
Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - Forrest A. Miles III, Eagle Scout                                                        
Representative(s) Masek                                                                             
Senator(s) Ogan, Therriault, Cowdery, Davis, Dyson, Elton, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens,                                 
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1452
Honoring - Cliff Gilmore, 30 Years Service to the CVFD                                              
Representative(s) Stoltze, Dahlstrom                                                                
Senator(s) Ogan, Dyson, Therriault, Cowdery, Davis, Elton, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens,                                 
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
Honoring - Stan Brown and Ed Bailey                                                                 
Representative(s) Stoltze, Dahlstrom                                                                
Senator(s) Ogan, Dyson, Therriault, Cowdery, Davis, Elton, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens,                                 
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
Honoring - Chugiak Girls' Basketball Team                                                           
Representative(s) Stoltze, Dahlstrom, Hawker                                                        
Senator(s) Ogan, Dyson, Therriault, Cowdery, Davis, Elton, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens,                                 
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
Honoring - Mark Roberts                                                                             
Representative(s) Stoltze, Dahlstrom                                                                
Senator(s) Ogan, Dyson, Therriault, Cowdery, Davis, Elton, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens,                                 
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 191                                                                                            
Senator Elton requested that the reconsideration on CS FOR HOUSE                                    
BILL NO. 191(FIN) am be taken up. The bill was before the Senate on                                 
reconsideration.                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1453
The question to be reconsidered: "Shall CS FOR HOUSE BILL NO.                                       
191(FIN) am "An Act relating to the Alaska coastal management                                       
program and to policies and procedures for consistency reviews and                                  
the rendering of consistency determinations under that program;                                     
eliminating the Alaska Coastal Policy Council; annulling certain                                    
regulations relating to the Alaska coastal management program; and                                  
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSHB 191(FIN) am                                                                                    
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Stevens G                                                                                           
                                                                                                    
and so, CS FOR HOUSE BILL NO. 191(FIN) am passed the Senate                                         
on reconsideration.                                                                                 
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSHB 191(FIN) am                                                                                    
Effective Date Clauses                                                                              
                                                                                                    
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, the effective date clauses were adopted.                                                    
                                                                                                    
CS FOR HOUSE BILL NO. 191(FIN) am was signed by the President                                       
and Secretary and returned to the House.                                                            

2003-05-15                     Senate Journal                      Page 1454
SB 183                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 183(STA) "An                                          
Act authorizing certain boroughs to use revenue collected on an                                     
areawide or nonareawide basis for economic development" was not                                     
taken up this legislative day and the bill was referred to the Secretary                            
for engrossment.                                                                                    
                                                                                                    
HJR 28                                                                                            
Senator Gary Stevens, Chair, moved and asked unanimous consent                                      
that the State Affairs Committee referral be waived on HOUSE JOINT                                  
RESOLUTION NO. 28 am Urging the United States Congress to                                           
support the granting of official Observer Status to the Republic of                                 
China at the World Health Assembly Annual Conference to be held at                                  
Geneva, Switzerland, in May 2003, and to support negotiation of a                                   
free trade agreement with the Republic of China. Without objection,                                 
the resolution was referred to the Rules Committee.                                                 
                                                                                                    
HB 205                                                                                            
Senator Gary Stevens, Chair, moved and asked unanimous consent                                      
that the State Affairs Committee referral be waived on HOUSE BILL                                   
NO. 205 "An Act relating to service in the peace corps as an allowable                              
absence from the state for purposes of eligibility for permanent fund                               
dividends and to the period for filing an application for a permanent                               
fund dividend; authorizing the Department of Revenue to issue                                       
administrative orders imposing sanctions for certain                                                
misrepresentations or other actions concerning eligibility for a                                    
permanent fund dividend and providing for administrative appeal of                                  
those orders; and providing for an effective date." Without objection,                              
the bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HCR 5                                                                                             
Senator Wagoner, Chair, moved and asked unanimous consent that the                                  
Community and Regional Affairs Committee referral be waived on CS                                   
FOR HOUSE CONCURRENT RESOLUTION NO. 5(FIN) am                                                       
Establishing a task force to make recommendations regarding a new                                   
design for the official seal of the State of Alaska. Without objection,                             
the resolution was referred to the State Affairs Committee.                                         
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1455
HB 14                                                                                             
Senator Wilken, Cochair, moved and asked unanimous consent that                                     
the Finance Committee referral be waived on HOUSE BILL NO. 14                                       
am "An Act relating to an absence from the state while providing care                               
for a terminally ill family member for purposes of determining                                      
eligibility for a permanent fund dividend; and providing for an                                     
effective date." Without objection, the bill was referred to the Rules                              
Committee.                                                                                          
                                                                                                    
HB 210                                                                                            
Senators Wilken, Taylor, Ogan, Dyson, Seekins, Cowdery, moved and                                   
asked unanimous consent to be shown as cross sponsors on CS FOR                                     
HOUSE BILL NO. 210(RES) "An Act relating to the Chitina dip net                                     
fishery; and providing for an effective date." Without objection, it was                            
so ordered.                                                                                         
                                                                                                    
HJR 22                                                                                            
Senator Ogan moved and asked unanimous consent to be shown as a                                     
cross sponsor on CS FOR HOUSE JOINT RESOLUTION NO.                                                  
22(RLS) Relating to the USA PATRIOT Act, the Bill of Rights, the                                    
Constitution of the State of Alaska, and the civil liberties, peace, and                            
security of the citizens of our country. Without objection, it was so                               
ordered.                                                                                            
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 8                                                                                              
CS FOR SENATE BILL NO. 8(JUD) "An Act relating to tampering                                         
with public records" was engrossed, signed by the President and                                     
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
SB 26                                                                                             
CS FOR SENATE BILL NO. 26(STA) "An Act relating to state                                            
employees who are called to active duty as reserve or auxiliary                                     
members of the armed forces of the United States; and providing for                                 
an effective date" was engrossed, signed by the President and                                       
Secretary and transmitted to the House for consideration.                                           

2003-05-15                     Senate Journal                      Page 1456
SB 183                                                                                            
CS FOR SENATE BILL NO. 183(STA) "An Act authorizing certain                                         
boroughs to use revenue collected on an areawide or nonareawide                                     
basis for economic development" was engrossed, signed by the                                        
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
SB 124                                                                                            
HOUSE CS FOR SENATE BILL NO. 124(FIN)(efd fld) "An Act                                              
relating to grants for alcoholism and drug abuse programs" was                                      
engrossed and signed by the President and Secretary.                                                
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 8:30 a.m., May 16, 2003. Without                                  
objection, the Senate adjourned at 10:59 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    June 2003                       

2003-05-15                     Senate Journal                      Page 1457
                                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                                                         
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 15        Thursday                  Senate Finance 532            8:30 AM                     
              -- Time Change --                                                                     
+= HB  61 OIL & GAS TAX CREDIT FOR EXPLORATION/DEV                                                  
+= SB  58 PFD INELIGIBILITY/MOTOR VEHICLE INSURANCE                                                 
+= SB  59 PERMANENT FUND INELIGIBILITY FOR DUI                                                      
+= SB 220 STATE SALES AND USE TAX                                                                   
+ HB 210 CHITINA DIP NET FISHERY                                                                    
+ SB 215 SEAFOOD AND FOOD SAFETY LABORATORY                                                         
              Bills Previously Heard/Scheduled:                                                     
+= HB 266 ELECTIONS                                                                                 
+= HB 225 MONOPOLY AND RESTRAINT OF TRADE ACTIONS                                                   
+= HB 165 COMMUNITY SCHOOLS                                                                         
+= HB 171 REPEAL CHARTER SCHOOL GRANTS                                                              
+= HB 174  CORRESPONDENCE STUDY                                                                     
+= HB 154 UNDER SCHOOL AGE STUDENTS                                                                 
                                                                                                    
May 16        Friday                    Senate Finance 532            1:00 PM                     
              -- Time Change --                                                                     
+ HB 104 PAYMENT OF FISHERY BUSINESS TAX                                                            
+ HB 155 PUBLIC CONSTRUCTION PROJECT REQUIREMENTS                                                   
+ HB 226 ORGANIC FOOD                                                                               
+ HB 248 SALARY OF CHIEF PROCUREMENT OFFICER                                                        
+ HCR 21 ALASKA ENERGY POLICY TASK FORCE                                                            
+ SB 211 REGULATIONS: NOTICE AND DISTRIBUTION                                                       
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    

2003-05-15                     Senate Journal                      Page 1458
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 16        Friday                          Butrovich 205           1:30 PM                     
+= HB 270 PHARMACIST LICENSING                                                                      
              <Above Bill Rescheduled from 5/14/03>                                                 
+ HB  25 HEALTH CARE SERVICES DIRECTIVES                                                            
              Bills Previously Heard/Scheduled                                                      
+ HB  18 PARENTAL LIABILITY FOR CHILD'S DAMAGE                                                      
              <Pending Referral>                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 15        Thursday                              Beltz 211         8:45 AM                     
              -- Meeting Rescheduled from 5/14/03 --                                                
+             Confirmation Hearings:                                                                
              Board of Governors of the Alaska Bar -                                                
              William Granger                                                                       
              Select Committee on Legislative Ethics -                                              
              Marianne Stillner                                                                     
+= SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE                                                 
+= SB 171 SUITS & CLAIMS: MILITARY/FIRE/DEFENSE                                                     
+= SJR 18 CONST. AM: PF APPROPS/INFLATION-PROOFING                                                  
+= SJR  3 CONST AM: APPROPRIATION/SPENDING LIMIT                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 16        Friday                                Beltz 211         1:00 PM                     
+ HJR 22 PATRIOT ACT AND DEFENDING CIVIL LIBERTIES                                                  
+ SJR 19 CONST. AM: PERMANENT FUND INCOME                                                           
+= SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE                                                 
              <Above Item Removed from Agenda>                                                      
+ HB 245 SUITS & CLAIMS: MILITARY/FIRE/DEFENSE                                                      
+= HB  86 INJUNCTIONS AGAINST PERMITTED PROJECTS                                                    
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1459
                               LABOR & COMMERCE                                                  
                                                                                                    
May 15        Thursday                        Butrovich 205           7:45 AM                     
              <Meeting recessed to 1:30pm in Beltz>                                                 
              -- Time and Location Change --                                                        
              Bills Previously Heard/Scheduled                                                      
= HB  83 REVISED UNIFORM ARBITRATION ACT                                                            
+ HB 232 HOMER MERCURY CLASSIC                                                                      
+ HB 313 STATE PROCUREMENT PILOT PROGRAM                                                            
+= SB 194 LIQUOR DELIVERED TO HOTELS/CRUISE SHIPS                                                   
              <Above Bill Rescheduled from 5/13/03>                                                 
+ HB 269 SAFETY CODE TASK FORCE                                                                     
+ HB 195 INDIVIDUAL HEALTH CARE INSURANCE                                                           
+ HB 257 DISCLOSURES BY REAL ESTATE LICENSEES                                                       
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
May 16        Friday                          Butrovich 205           3:30 PM                     
+= HB 283 COAL LEASES                                                                               
+= HCR 10 RESTORATION OF RIPARIAN HABITAT                                                           
+ SB 172 LIMIT ON OIL & GAS LEASE ACREAGE                                                           
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
May 15        Thursday                              Beltz 211         3:30 PM                     
              -- Meeting Postponed to 5/17/03 --                                                    
+ HB 209 MUNI.TAX:  PROPERTY AFFECTED BY DISASTER                                                   
+ HB  10 GROUP HEALTH INSURANCE FOR PRIVATE GROUPS                                                  
+ HB  24 AGREEMENTS ON MANAGEMENT OF FISH AND GAME                                                  
+ SCR 13 CANNED SALMON FOR PRISONERS                                                                
+ SB 201 HOME & RESPITE CARE: CRIMINAL RECORDS                                                      
+ HB 215  ONE PERCENT FOR ART                                                                       
+ HB 280 COMMERCIAL MOTOR VEHICLES:REGULATIONS                                                      
+ HJR 14 NATIONAL WHEELCHAIR GAMES                                                                  
+ SJR 20 US COAST GUARD ROTC IN ALASKA                                                              
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-15                     Senate Journal                      Page 1460
                          STATE AFFAIRS (continued)                                              
                                                                                                    
May 17        Saturday                              Beltz 211         1:00 PM                     
              -- Meeting Rescheduled from 5/15/03 --                                                
+ HB 209 MUNI.TAX:  PROPERTY AFFECTED BY DISASTER                                                   
+ HB  10 GROUP HEALTH INSURANCE FOR PRIVATE GROUPS                                                  
+ HB  24 AGREEMENTS ON MANAGEMENT OF FISH AND GAME                                                  
+ SCR 13 CANNED SALMON FOR PRISONERS                                                                
+ SB 201 HOME & RESPITE CARE: CRIMINAL RECORDS                                                      
+ HB 215  ONE PERCENT FOR ART                                                                       
+ HB 280 COMMERCIAL MOTOR VEHICLES:REGULATIONS                                                      
+ HJR 14 NATIONAL WHEELCHAIR GAMES                                                                  
+ SJR 20 US COAST GUARD ROTC IN ALASKA                                                              
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                              SPECIAL COMMITTEES                                                 
                                                                                                    
                   WORLD TRADE AND STATE/FEDERAL RELATIONS                                       
                                                                                                    
May 15        Thursday                     Fahrenkamp 203             9:45 AM                     
     HJR 28 TAIWAN:  TRADE & WORLD HEALTH ASSEMBLY                                                  
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                    CONFERENCE COMMITTEE ON HB 75 & HB 76                                        
                                                                                                    
May 15        Thursday                  Senate Finance 532            7:15 PM                     
              -- Time Change --                                                                     
              -- Rescheduled from 5/14/03 --                                                        
= HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB  76 APPROP:MENTAL HEALTH BUDGET                                                                
              Dept of Health and Social Services                                                    
                                                                                                    
May 18        Sunday                    Senate Finance 532           12:00 PM                     
= HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB  76 APPROP:MENTAL HEALTH BUDGET                                                                
              Depts to be announced