Legislature(2003 - 2004)

2003-04-04 Senate Journal

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2003-04-04                     Senate Journal                      Page 0683
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                      Friday                      April 4, 2003                     
                                                                                                    
                              Seventy-fourth Day                                                 
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 10:18 a.m.                                                                            
                                                                                                    
The roll showed eighteen members present. Senator Hoffman was                                       
excused from a call of the Senate. Senator Olson was absent.                                        
                                                                                                    
The prayer was offered by the Chaplain, Reverend Steve Olmstead of                                  
Chapel by the Lake. Senator Bunde moved and asked unanimous                                         
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
          Gracious and Loving God, we come to You in prayer                                         
          and ask for Your grace and wisdom to be with our                                          
          world at war. We pray for the innocent and for all                                        
          who grieve. We pray for our president and our                                             
          military and coalition forces. May You guide them in                                      
          Your way of truth, and lead them in Your paths of                                         
          righteousness and peace.                                                                  
                                                                                                    
          We pray also for this Senate and for all who work                                         
          here. You know the battles and wars fought in this                                        
          place. We pray for Your wisdom and truth to bring                                         
          understanding. We pray for Your love and                                                  
          compassion to guide each person to seek Your will                                         
          and Your peace.                                                                           
                                                                                                    
          Open the eyes of our hearts and minds so that                                             
          humility and compassion would overcome pride, and                                         
          truth would triumph over lies.                                                            
                                                                                                    
    In Christ we pray,                                              Amen.                          
                                                                                                    

2003-04-04                     Senate Journal                      Page 0684
Senator Ogan led the Senate in the Pledge of Allegiance.                                            
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journals for the seventy-second and seventy-third legislative days,                                 
Senate Supplement No. 3 and House and Senate Joint Supplement No.                                   
8 be approved as certified by the Secretary. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
The presence of Senator Olson was noted.                                                            
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
SB 51                                                                                             
Message dated and received April 3 was read, stating the Governor                                   
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
          SENATE BILL NO. 51 "An Act relating to revenue                                            
          bonds issued by the Alaska Municipal Bond Bank                                            
          Authority and the total amount of bonds and notes                                         
          outstanding of that authority; and providing for an                                       
          effective date."                                                                          
                                                                                                    
                             Chapter 3, SLA 2003                                                   
                           Effective Date: 4/4/2003                                                
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated April 2 was read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 34                                                                                             
HOUSE BILL NO. 34 BY REPRESENTATIVES HOLM, Lynn,                                                    
entitled:                                                                                           

2003-04-04                     Senate Journal                      Page 0685
            "An Act relating to negotiated regulation making; and                                  
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
HB 104                                                                                            
CS FOR HOUSE BILL NO. 104(FSH) BY THE HOUSE SPECIAL                                                 
COMMITTEE ON FISHERIES, entitled:                                                                   
                                                                                                    
            "An Act relating to payment of the fisheries business                                  
             tax and to security for collection of the fisheries                                   
          business tax."                                                                            
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 114                                                                                            
CS FOR HOUSE BILL NO. 114(JUD)(title am) BY THE HOUSE                                               
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to the issuance of a search warrant                                      
          upon the sworn testimony or affidavit of a person                                         
          communicated by telephone, other appropriate                                              
          means, or facsimile machine."                                                             
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
HB 135                                                                                            
CS FOR HOUSE BILL NO. 135(HES) BY THE HOUSE HEALTH,                                                 
EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled:                                                  
                                                                                                    
          "An Act relating to marital and family therapists."                                       
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Labor and Commerce Committees.                                                         
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0686
                          Standing Committee Reports                                             
                                                                                                    
SB 58                                                                                             
The Judiciary Committee considered SENATE BILL NO. 58 "An Act                                       
relating to permanent fund dividend program notice requirements and                                 
to the ineligibility for permanent fund dividends of certain persons                                
sentenced for crimes involving mandatory motor vehicle liability                                    
insurance" and recommended it be replaced with                                                      
                                                                                                    
          CS FOR SENATE BILL NO. 58(JUD)                                                            
                                                                                                    
Signing do pass: Senator Seekins, Chair. Signing no recommendation:                                 
Senators Ellis, French, Ogan, Therriault.                                                           
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Public Safety                                               
 Fiscal Note No. 2, zero, Department of Revenue                                                     
 Fiscal Note No. 3, zero, Department of Revenue                                                     
 Fiscal Note No. 4, indeterminate, Department of Administration                                     
 Fiscal Note No. 5, indeterminate, Department of Law                                                
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 64                                                                                             
The Labor and Commerce Committee considered SENATE BILL NO.                                         
64 "An Act requiring certain consumer reporting agencies to provide                                 
individuals with certain information without charge." Signing no                                    
recommendation: Senator Bunde, Chair. Signing do pass: Senators                                     
Davis, French. Signing amend: Senator Seekins.                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0687
SB 107                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 107 "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 no recommendation: Senator Dyson, Chair; Senators Guess,                                    
Wilken. Signing do pass: Senator Green. Signing do not pass: Senator                                
Davis.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Education and Early                                               
  Development                                                                                       
 Fiscal Note No. 2, Department of Education and Early                                               
  Development                                                                                       
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 108                                                                                            
The Finance Committee considered SENATE BILL NO. 108 "An Act                                        
relating to payment rates under the Medicaid program for health                                     
facilities and to budgeting, accounting, and reporting requirements for                             
those facilities; abolishing the Medicaid Rate Advisory Commission;                                 
and providing for an effective date." Signing do pass: Senators                                     
Wilken, Green, Cochairs; Senators Bunde, Ben Stevens, Taylor.                                       
Signing no recommendation: Senator Olson.                                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 109                                                                                            
The Finance Committee considered SENATE BILL NO. 109 "An Act                                        
repealing the statute that sets priorities for the Department of Health                             
and Social Services to apply to administration of the medical                                       
assistance program when there are insufficient funds allocated in the                               
state budget for that program; authorizing the department to make cost                              
containment decisions that may include decisions about eligibility of                               

2003-04-04                     Senate Journal                      Page 0688
persons and availability of services under the medical assistance                                   
program; and providing for an effective date." Signing do pass:                                     
Senators Green, Wilken, Cochairs; Senators Bunde, Ben Stevens,                                      
Taylor. Signing no recommendation: Senator Olson.                                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 117                                                                                            
The State Affairs Committee considered SENATE BILL NO. 117 "An                                      
Act eliminating the longevity bonus program and making related                                      
conforming changes; and providing for an effective date." Signing no                                
recommendation: Senator Gary Stevens, Chair; Senators Cowdery,                                      
Dyson. Signing do not pass: Senator Guess.                                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Administration                                                    
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 124                                                                                            
The Finance Committee considered SENATE BILL NO. 124 "An Act                                        
relating to grants for alcoholism and drug abuse programs; and                                      
providing for an effective date." Signing do pass: Senators Wilken,                                 
Green, Cochairs; Senators Ben Stevens, Bunde. Signing no                                            
recommendation: Senators Taylor, Olson.                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Health and Social Services                                        
 Fiscal Note No. 2, Department of Health and Social Services                                        
 Fiscal Note No. 3, Department of Health and Social Services                                        
 Fiscal Note No. 4, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0689
SB 136                                                                                            
The Community and Regional Affairs Committee considered                                             
SENATE BILL NO. 136 "An Act increasing an optional exclusion or                                     
exemption from municipal taxation for residential property." Signing                                
do pass: Senator Wagoner, Chair. Signing no recommendation:                                         
Senators Gary Stevens, Lincoln, Elton, Taylor.                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Revenue                                            
 Fiscal Note No. 2, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 137                                                                                            
The State Affairs Committee considered SENATE BILL NO. 137 "An                                      
Act imposing a tax on employment; and providing for an effective                                    
date" and recommended it be replaced with                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 137(STA)                                                           
          (forthcoming)                                                                             
                                                                                                    
Signing do pass: Senator Gary Stevens, Chair; Senator Cowdery.                                      
Signing no recommendation: Senators Dyson, Guess.                                                   
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 16                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
16(FIN) am "An Act amending, for purposes of the Alaska Stranded                                    
Gas Development Act, the standards applicable to determining                                        
whether a proposed new investment constitutes a qualified project, the                              
standards used to determine whether a person or group qualifies as a                                
project sponsor or project sponsor group, and the deadline for                                      
applications relating to the development of contracts for payments in                               
lieu of taxes and for royalty adjustments that may be submitted for                                 
consideration, and modifying the conditions bearing on the use of                                   
independent contractors to evaluate applications or to develop contract                             

2003-04-04                     Senate Journal                      Page 0690
terms; providing statements of intent for the Act relating to use of                                
project labor agreements and to reopening of contracts; and providing                               
for an effective date." Signing do pass: Senators Green, Wilken,                                    
Cochairs; Senators Olson, Ben Stevens, Bunde. Signing amend:                                        
Senator Taylor.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
 Fiscal Note No. 4, Department of Revenue                                                           
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 64                                                                                             
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 64(JUD) "An Act relating to court approval of the purchase                                 
of structured settlements." Signing do pass: Senator Bunde, Chair,                                  
Senators French, Seekins. Signing no recommendation: Senator Davis.                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
 Fiscal Note No. 2, zero, Alaska Court System                                                       
 Fiscal Note No. 3, zero, Department of Labor and Workforce                                         
  Development                                                                                       
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 124                                                                                            
The Labor and Commerce Committee considered HOUSE BILL NO.                                          
124 "An Act relating to commercial motor vehicle drivers and their                                  
employers and to railroad-highway grade crossings; and providing for                                
an effective date." Signing do pass: Senator Bunde, Chair; Senators                                 
Davis, French, Seekins.                                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, zero, Department of Public Safety                                               
 Fiscal Note No. 4, zero, Department of Transportation and Public                                   
  Facilities                                                                                        

2003-04-04                     Senate Journal                      Page 0691
The bill was referred to the Transportation Committee.                                              
                                                                                                    
SJR 12                                                                                            
The Resources Committee considered SENATE JOINT                                                     
RESOLUTION NO. 12 Supporting the halibut by-catch utilization                                       
project of the Alaska Food Coalition, and recommended it be replaced                                
with                                                                                                
                                                                                                    
                      CS FOR SENATE JOINT RESOLUTION NO.                                           
          12(RES)                                                                                   
                                                                                                    
Signing do pass: Senator Ogan, Chair; Senators Seekins, Ben Stevens,                                
Wagoner, Lincoln, Elton.                                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 168                                                                                            
SENATE BILL NO. 168 BY THE SENATE LABOR AND                                                         
COMMERCE COMMITTEE, entitled:                                                                       
                                                                                                    
  "An Act relating to issuance and revocation of licenses for                                       
  the importation, sale, distribution, or manufacture of                                            
  cigarettes and tobacco products; relating to a tax refund or                                      
  credit for unsaleable, returned, or destroyed tobacco                                             
  products; relating to restrictions on shipping or transporting                                    
  cigarettes; relating to records concerning the sale of                                            
  cigarettes; amending and adding definitions relating to                                           
  cigarette taxes; relating to the payment of cigarette taxes;                                      
  relating to penalties applicable to cigarette taxes; relating to                                  
  the definition of the wholesale price of tobacco products;                                        
  relating to payment of cigarette taxes through the use of                                         
  cigarette tax stamps; relating to provisions making certain                                       
  cigarettes contraband and subject to seizure and forfeiture;                                      
  relating to certain crimes, penalties, and interest concerning                                    
  tobacco taxes and sales; and providing for an effective                                           
  date."                                                                                            

2003-04-04                     Senate Journal                      Page 0692
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
SB 169                                                                                            
SENATE BILL NO. 169 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act establishing state agency program                                                 
          performance management and audit powers in the                                            
          Office of the Governor for the evaluation of agency                                       
          programs; 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 April 3:                                                        
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that would establish state agency program                                       
performance management and audit powers in the Office of the                                        
Governor. This bill would establish powers in the office of                                         
management and budget necessary to evaluate program performance                                     
by executive branch agencies. These powers would include express                                    
authorization for the exercise of internal audit powers. It is my intent                            
that this authority permit the centralization of the internal audit                                 
function, which had been a declining effort under previous                                          
Administrations. I intend to use internal audits as a management tool                               
in my Administration's continuing effort to streamline and make                                     
efficient the operations of state agencies.                                                         
                                                                                                    
The bill also would make certain audit records confidential. This                                   
provision mirrors the powers given to legislative auditors and is                                   
considered necessary to make the auditors effective in the performance                              
of their duties.                                                                                    
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0693
I urge your favorable consideration of this bill.                                                   
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 170                                                                                            
SENATE BILL NO. 170 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to the Code of Criminal Procedure;                                       
          relating to defenses, affirmative defenses, and                                           
          justifications to certain criminal acts; relating to                                      
          rights of prisoners after arrest; relating to discovery,                                  
          immunity from prosecution, notice of defenses,                                            
          admissibility of certain evidence, and right to                                           
          representation in criminal proceedings; relating to                                       
          sentencing, probation, and discretionary parole;                                          
          amending Rule 16, Alaska Rules of Criminal                                                
          Procedure, and Rules 404, 412, 609, and 803, Alaska                                       
          Rules of Evidence; and providing for an effective                                         
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Corrections                                                       
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
Governor's transmittal letter dated April 3:                                                        
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill making changes to criminal procedures that would                                
allow for more straightforward and fair prosecution of crime in                                     
Alaska. Additionally, the bill would improve the criminal law                                       
regarding sentences.                                                                                

2003-04-04                     Senate Journal                      Page 0694
The bill proposes the following changes in criminal procedures.                                     
                                                                                                    
Deterring Those Who Take Deadly Weapons to a Fight. We have to                                    
cut down on the violence on our streets. There are too many drug                                    
dealers, gang members, and violent people who bring guns to                                         
situations where they know they will get into fights; they then claim                               
self-defense when they use the gun. Too many innocent people die,                                   
and prosecution is too difficult. We need to put a stop to this. If you                             
bring a gun to a fight, you should be responsible for the consequences.                             
Self-defense should not excuse a killing if the defendant brought a                                 
deadly weapon to a confrontation with reason to believe that combat                                 
would result. The Alaska Supreme Court long ago declared in Bangs                                   
v. State, 608 P.2d 1 (Alaska 1980), that a person who brings a deadly                               
weapon to a confrontation, having reason to know that the encounter                                 
will likely result in combat, should not be entitled to self-defense                                
protection. But trial judges have become too loose in enforcing the                                 
Alaska Supreme Court's admonition. A defendant who brings a gun to                                  
an encounter and uses it to finish a fight should not be able to claim                              
self-defense.                                                                                       
                                                                                                    
Improving the Law of Self-Defense, Deadly Force In Self-Defense,                                  
Heat Of Passion, And Other Defenses. A related change is also                                     
necessary in the law of self-defense and "heat of passion." The                                     
prosecution always bears the burden of proving the essential elements                               
of an offense, but if the defendant is going to raise a defense of which                            
the defendant has exclusive knowledge, the defendant should have the                                
burden to prove the defense by a preponderance of the evidence. This                                
is called an affirmative defense, and the legislature has already created                           
many examples in the Alaska Statutes. For example, duress is an                                     
affirmative defense. To establish duress, the defendant must prove that                             
the defendant was coerced to commit a crime by a threat of imminent                                 
harm. The burden is correctly on the defendant, because only the                                    
defendant knows the effect of the threat.                                                           
                                                                                                    
The bill would change several similar defenses -- heat of passion, self-                            
defense, the use of deadly force in self-defense, and defense of a third                            
person -- to affirmative defenses. Currently, prosecutors must prove a                              
negative. For example, if the defendant claims heat of passion (a                                   
defense to intentional murder in the first and second degrees), the state                           
would have to disprove that the victim, who is dead, acted in a way to                              

2003-04-04                     Senate Journal                      Page 0695
arouse the passion of the defendant. The bill provides that the                                     
defendant, who is often the only eyewitness still alive at trial, would                             
be required to prove that "heat of passion" was aroused because of                                  
provocation by the victim. Citizens who defend themselves in their                                  
own homes and must use force to protect their families are not affected                             
by this change. If the person acting in self-defense is a peace officer,                            
or is on the person's own premises and is not assaulting a household                                
member, this bill leaves the current law on self-defense intact, and                                
requires that the prosecution disprove self-defense.                                                
                                                                                                    
Right of Arrested Person. The bill would clarify that a person who is                             
arrested has the right to a telephone call or visit from a friend, relative,                        
or attorney. However, the right belongs to the person arrested, to                                  
exercise at his or her discretion.                                                                  
                                                                                                    
Limiting Collateral Attacks on Prior Convictions. When an habitual                                
criminal commits a new crime, the punishment is often greater                                       
because of the person's prior convictions. But it is now a common                                   
tactic in the new criminal case to attack the old convictions on                                    
technicalities. This means that before the prosecutor can even begin to                             
prove the new crime, the prosecutor is forced to validate what                                      
happened in an old conviction, which is often from another state. This                              
is generally a fruitless inquiry. The law already provides many                                     
avenues by which offenders can have their convictions reviewed.                                     
Unless a conviction was invalid because the defendant was denied the                                
right to counsel or to a jury trial, the state should be able to rely on                            
those convictions in prosecuting repeat criminals.                                                  
                                                                                                    
Admissibility of Prior Convictions. In the criminal code, the                                     
conviction of a prior crime is, in a few cases, an element of another                               
offense. For example, having two prior drunk driving convictions                                    
within a certain period of time is an element of felony drunk driving.                              
The bill would clarify that in these circumstances, evidence of prior                               
convictions is admissible in order to prove all the elements of the                                 
charged offense. Although generally courts do not admit this evidence,                              
the legislature has the authority to allow it. The bill also would                                  
overrule Ostlund v. State, 51 P.2d 938 (Alaska App. 2002), which                                    
requires a bifurcated trial, by allowing, at any time in the prosecution,                           
evidence of prior convictions in the state's case if the prior conviction                           
is an element of the current crime.                                                                 

2003-04-04                     Senate Journal                      Page 0696
Grants of Immunity. The bill would give prosecutors the information                               
needed to decide whether to grant immunity to a witness. If a witness                               
claims a privilege against self-incrimination and refuses to testify, the                           
only way to obtain that testimony under the Alaska Constitution is to                               
give the person complete immunity for any crime the person may                                      
testify about. This makes it critical for the state to know what crimes                             
will be immunized before offering immunity, but that is impossible                                  
under current procedures used by the courts. The current practice is for                            
the judge to decide whether the witness is entitled to immunity in a                                
closed hearing in which the prosecution is not allowed to be present.                               
The prosecutor thus does not know what crimes require immunity. A                                   
homicide prosecution that currently is awaiting trial is a good                                     
example. The defendant, while in jail, allegedly tried to arrange for the                           
killing of the trooper transporting him to court, so the defendant could                            
escape. A cellmate notified the police, but will not testify without                                
immunity. The judge held a hearing without the prosecutor, and ruled                                
that the cellmate had a privilege against self-incrimination, but                                   
wouldn't reveal how the cellmate's testimony would incriminate him --                               
or even whether the cellmate feared prosecution for a felony or a                                   
misdemeanor. Unwilling to grant immunity blindfolded, the                                           
prosecutor must forego this powerful evidence of consciousness of                                   
guilt of the defendant.                                                                             
                                                                                                    
The bill would give guidance to the court for evaluating a claim of                                 
privilege, and would allow the prosecutor to obtain necessary                                       
information and to be present at any hearings on the matter. Judges                                 
thus would no longer decide these issues without hearing both sides,                                
and the prosecutor can make an informed decision about immunity.                                    
                                                                                                    
Consecutive Sentences. This bill also would strengthen and clarify the                            
law regarding consecutive sentences for conviction of more than one                                 
crime. In 1982, AS 12.55.025(e) and (g), which mandated full                                        
consecutive sentences for each count of homicide, assault, and sexual                               
offense, were enacted. But because of imprecise drafting, this clear                                
expression of legislative intent was instead interpreted to be merely a                             
"legislative preference" for consecutive sentences that courts were free                            
to ignore. State v. Andrews, 707 P.2d 900 (Alaska App. 1985), aff'd.                                
723 P.2d 85 (Alaska 1986). Later, in 1988, the legislature mandated                                 
consecutive sentences for assaults against children, but the provision                              
that was finally enacted provided no firm guidance to the courts,                                   
especially in the most serious sexual assaults. AS 12.55.025(h).                                    

2003-04-04                     Senate Journal                      Page 0697
As a result of the interpretations of the courts, trial judges ignore or                            
pay only nominal recognition to the legislature's preference for                                    
consecutive sentences. For example, in the recent case of State v.                                  
Glaser, the defendant was convicted of two counts of second degree                                  
murder and one count of first degree assault. The sentence imposed by                               
the superior court treated the drunk driving killing of two people and                              
the serious physical injury of a third person as if only one victim had                             
been affected by the crime, and imposed a sentence only slightly                                    
longer than the mandatory minimum sentence for a single count of                                    
second degree murder.                                                                               
                                                                                                    
This bill would adopt minimum requirements for consecutive                                          
sentencing in cases involving multiple counts of homicide,                                          
kidnapping, first degree sexual assault, and first degree sexual abuse of                           
a minor (sexual penetration). Although this bill does not go so far as                              
the fully consecutive sentencing reflected in the 1982 legislation, it                              
does provide more specific guidance than exists in current law. In a                                
second degree murder case such as State v. Glaser, for example, the                                 
bill would require that imprisonment for at least 10 consecutive years                              
be imposed for the second conviction of second degree murder, and                                   
some additional consecutive term of imprisonment be imposed for the                                 
assault on the third victim.                                                                        
                                                                                                    
Better Notice of Expert Witnesses And Defenses. Delay, confusion,                                 
and other problems often result from the inefficient exchange of                                    
information about defenses and expert witnesses in criminal                                         
prosecutions. The discovery rules are supposed to make pretrial                                     
procedure orderly and avoid surprises at trial. However, our                                        
prosecutors report that at times attorneys who give late notice or no                               
notice rarely suffer adverse consequences from the court, which                                     
encourages further disregard of the rules. The bill would adopt                                     
procedures for a more orderly exchange of expert witness information,                               
and it also would adopt firm sanctions for violation of the rules. If a                             
party does not provide notice of an expert in the time set out in the                               
rule, the person may not use the expert testimony. The bill also would                              
require that notice of certain defenses be made as required by the rules                            
or the offering of that defense could be forfeited.                                                 
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0698
Expanding Impeachment of Testimony. The bill also would amend                                     
several provisions in the Alaska Rules of Evidence. Under the current                               
rules, a statement obtained from a defendant that was not preceded by                               
the warnings required in Miranda v. Arizona, 384 U.S. 436 (1966), is                                
not admissible except in a prosecution for perjury. That is, although                               
the statement may not be used against the person for the underlying                                 
offense, it may be used in a subsequent perjury prosecution if the                                  
person testifies falsely at trial. The bill would expand this exception to                          
allow the statement to be used for impeachment if the person testifies                              
falsely. Under the current court rule, a defendant in a murder case                                 
whose statements to police were suppressed could lie with impunity on                               
the stand, knowing that at most the defendant faced a later prosecution                             
for perjury. The bill's change to the court rule would, however, allow                              
the defendant's statement to be used to contradict the defendant's                                  
testimony in the murder trial if the defendant lied.                                                
                                                                                                    
A similar court rule limits the use of evidence obtained with an invalid                            
search warrant or if the police make a mistake in the technical rules                               
governing search and seizure. Such evidence is not admissible for the                               
underlying prosecution, and can only be used in a subsequent perjury                                
case. This bill would allow this evidence to be used to impeach the                                 
defendant or other witness on cross-examination. The exclusionary                                   
rule discourages careless law enforcement by excluding illegally                                    
obtained evidence. It should not give witnesses a chance to testify                                 
falsely at trial.                                                                                   
                                                                                                    
Current rules also allow a witness's credibility to be impeached by a                               
prior conviction for a crime involving dishonesty or false statement                                
(for example, theft, robbery, burglary, perjury) if the conviction                                  
occurred within five years of the testimony. However, in many                                       
instances, the five-year period is over before the person is even out of                            
jail, so juries never find out that the person has a conviction for                                 
dishonesty. This bill would amend the court rule to allow juries to be                              
told of such convictions if less than five years has elapsed from the                               
person's unconditional discharge from probation or parole.                                          
                                                                                                    
Giving Juries the Full Picture in Domestic Violence Cases. Domestic                               
abusers often succeed in pressuring their domestic partners into not                                
testifying against the abuser. In order to prosecute such cases, the                                
prosecutor must be able to introduce evidence from other persons to                                 

2003-04-04                     Senate Journal                      Page 0699
tell the jury the whole story. But if the jury isn't allowed to know what                           
was said immediately after the assault, the jury only gets part of the                              
story. We can change this, and provide more perpetrators with the help                              
they need to stop abusing. Victims of domestic violence are often                                   
unavailable to testify at trial -- often for compelling reasons                                     
concerning their safety and the safety of their children. Under current                             
court rules, if the victim is not present, the statements of the victim are                         
admissible only if the statements qualify under the narrow rule for                                 
"excited utterances."                                                                               
                                                                                                    
This bill would expand that rule in domestic violence cases, so that a                              
jury can learn about all statements made within 24 hours of the crime,                              
if there are other indications of reliability. This hearsay exception                               
would apply to statements that an assault occurred, and also if the                                 
victim recanted and denied that an assault occurred.                                                
                                                                                                    
New Mitigating Factor for Defendants Who Show Concern for                                         
Victims of Sexual Offenses. Victims of sexual offenses, more so than                              
any other crime, dread testifying in open court and often view giving                               
testimony as being victimized again. They must not only testify in                                  
front of a jury of citizens and the defendant who violated them, but it                             
must be done in public and often in cases that gain press attention.                                
This is very traumatic for the victim. Sex offenders who have genuine                               
remorse for their crimes do not want to put the victim through this                                 
crucible. For those sex offenders who quickly plead guilty, thus                                    
sparing their victims the ordeal of public testimony, this bill would                               
provide a statutory "mitigating factor" that the judge may take into                                
consideration in reducing the person's sentence.                                                    
                                                                                                    
I urge your prompt and favorable consideration of this bill.                                        
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 171                                                                                            
SENATE BILL NO. 171 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    

2003-04-04                     Senate Journal                      Page 0700
          "An Act relating to certain suits and claims by                                           
          members of the military services or regarding acts or                                     
          omissions of the organized militia; relating to liability                                 
          arising out of certain search and rescue, civil defense,                                  
          homeland security, and fire management and                                                
          firefighting activities; and providing for an effective                                   
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
Governor's transmittal letter dated April 3:                                                        
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to certain suits and claims by members of                              
the military services or regarding acts or omissions of the organized                               
militia, and relating to liability arising out of certain search and rescue,                        
civil defense, homeland security, and fire management and firefighting                              
activities.                                                                                         
                                                                                                    
The bill consists of four main parts:                                                               
                                                                                                    
               Suits Arising from Search and Rescue Activities                                   
                           (Section 2 of the bill)                                               
                                                                                                    
First, by statute, search and rescue activities are permissive functions                            
of the commissioner of public safety. In practice, the Alaska State                                 
Troopers make decisions about when and where to conduct search and                                  
rescue activities, and how to allocate resources - both state personnel                             
and community volunteers - to those activities. The expenses are borne                              
by the state treasury.                                                                              
                                                                                                    

2003-04-04                     Senate Journal                      Page 0701
This bill provides that a person may not bring a lawsuit for damages                                
that arise out of such search and rescue activities, or the failure to                              
initiate such search and rescue activities. Given Alaska's vast                                     
geographic area, harsh climatic conditions, and limited trooper                                     
resources, it is important to ensure that search and rescue decisions are                           
not undermined by possible tort exposure. It is also important to                                   
ensure that the safety of local volunteers who conduct search and                                   
rescue operations under trooper supervision is not jeopardized by the                               
possibility of a search and rescue decision being influenced by                                     
potential tort liability rather than being based on appropriate safety                              
concerns.                                                                                           
                                                                                                    
Alaska Supreme Court decisions have provided that no actionable duty                                
is owed by police agencies when they undertake, or fail to undertake,                               
police investigations. Search and rescue operations are essentially                                 
another form of investigation. They should be conducted, or not                                     
conducted, on their own intrinsic merits, as judged by the participating                            
officers. By prohibiting lawsuits arising out of search and rescue                                  
activities, this bill would treat those activities consistently with other                          
police investigations.                                                                              
                                                                                                    
       Certain Suits and Claims by Members of Military Services Arising                          
         from Military Services and Concerning the Organized Militia                             
                         (Sections 3 - 6 of the bill)                                              
                                                                                                    
Second, the Alaska Supreme Court, in a recent decision, ruled that the                              
State of Alaska may be sued and held liable for tort claims by injured                              
members of the Alaska National Guard and a member of the Indiana                                    
National Guard for injuries that were incurred during the members'                                  
service with the national guard. The Alaska Supreme Court did not                                   
adopt the federal rule (known as the Feres doctrine) that bars tort                                 
claims by military service personnel for injuries arising out of                                    
activities that were incident to their service in the federal military or                           
the national guard. While the Alaska Supreme Court did not address                                  
tort claims by members of the United States military or other parts of                              
the Alaska organized militia, its ruling could be applied to permit such                            
claims against the State of Alaska.                                                                 
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0702
State national guard or militia operations may include air and sea                                  
rescue missions, civil defense activities, training exercises, and travel                           
to military bases and locations in Alaska and in other states and                                   
countries. Given this state's vast land area, its harsh geographic and                              
climatic conditions, and the inherent hazards of national guard and                                 
militia activities, the State of Alaska may be faced with significant                               
financial exposure for injuries to national guard, militia, or other                                
military service members. In addition, tort lawsuits by injured service                             
members against the Alaska National Guard, the militia, or other                                    
service members would involve the courts in reviewing and second-                                   
guessing military decisions regarding the personnel, training,                                      
equipment, orders, discipline, and operations of the national guard and                             
militia. It is important to ensure that such decisions are based on the                             
professional judgment and military needs of the Alaska National                                     
Guard and other parts of the Alaska organized militia rather than on                                
concerns regarding possible tort liability.                                                         
                                                                                                    
This bill provides that a lawsuit for damages may not be brought by or                              
on behalf of a member of the military services against the State of                                 
Alaska, the Alaska National Guard or other part of the Alaska                                       
organized militia, or any other member of the military services, for                                
death, personal injury, or other injury of a member of the military                                 
services, including the United States military, the Alaska National                                 
Guard or other parts of the Alaska organized militia, or the national                               
guard of another state, incurred during or arising out of activities that                           
were part of the member's military service. It would essentially adopt                              
the federal Feres doctrine that bars intra-military tort claims by service                          
personnel for injuries arising out of activities incident to their military                         
service. It would provide the state and state military personnel with the                           
same protection from tort lawsuits that the federal government and                                  
federal military personnel are provided under the Feres doctrine.                                   
                                                                                                    
Under this bill, injured military service members would still be                                    
entitled to various military or veteran's benefits for injuries incurred in                         
the course of their military service. The availability of these military                            
benefits is one of the reasons that the federal courts have barred                                  
personal injury claims by military personnel under the Feres doctrine.                              
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0703
This bill also would clarify that members of the Alaska National                                    
Guard or other parts of the organized militia are entitled to only                                  
workers' compensation benefits for injuries, illness, or death related to                           
active state service. Because members of the Alaska National Guard                                  
are entitled to federal benefits when not on state active duty, this                                
change will not affect receipt of those benefits.                                                   
                                                                                                    
Additionally, this bill would bar actions against the State of Alaska                               
regarding activities of Alaska National Guard members when they are                                 
not on state active duty. This change is necessary because members of                               
the Alaska National Guard who are not on state active duty, including                               
those on federal active duty, active duty for training, inactive duty,                              
active guard and reserve (AGR) duty, and civilian technicians, are                                  
under the command and control of the federal government. The                                        
change is necessary to address two Alaska Supreme Court decisions                                   
that held that the state could be responsible for the actions of national                           
guard members who are not on state active duty, as being "borrowed"                                 
federal employees, and that considered those in AGR status to be state                              
employees. The changes made by the bill would ensure that the state is                              
not liable for acts or omissions of the federal government or federal                               
employees.                                                                                          
                                                                                                    
 Suits and Claims Arising from Civil Defense and Homeland Security                                
                                  Activities                                                     
                        (Sections 7 - 11 of the bill)                                              
                                                                                                    
Third, the bill would amend AS 26.20.140, a section in the civil                                    
defense chapter of the statutes that provides immunity for government                               
and employees from liabilities arising out of civil defense activities.                             
Presently, AS 26.20.140(a) provides that the state, any district                                    
established for civil defense purposes, and the agents or                                           
representatives of a state or district, may not be held liable for injury                           
or property damage sustained by a volunteer civilian defense worker.                                
The bill would amend AS 26.20.140(a) to broaden the immunity to                                     
cover injury or property damage sustained by any civilian defense or                                
homeland security worker, including authorized volunteers and                                       
employees, and to specify that the immunity extends to employees of                                 
the state or district as well as the agents and representatives of the state                        
or district. In addition, existing AS 26.20.140(b) provides that the state                          
and any district established for civil defense purposes, their                                      

2003-04-04                     Senate Journal                      Page 0704
employees, agents, or representatives, authorized volunteer or                                      
auxiliary civil defense workers, and members of any other agency                                    
engaged in civilian defense activities, who are complying with or                                   
reasonably attempting to comply with AS 26.20 or an order or                                        
regulation issued under AS 26.20, are not liable for injury to persons                              
or damage to property as a result of their activities. The bill would                               
amend AS 26.20.140(b) to provide immunity for homeland security                                     
activities as well as civil defense activities, and to include any                                  
homeland security or civil defense activities undertaken under the                                  
authority of AS 26.20, the civil defense statutes.                                                  
                                                                                                    
AS 26.20.140(b) presently provides an exception to the immunity in                                  
cases of willful misconduct, gross negligence, or bad faith. The bill                               
would amend that subsection to provide an exception only where                                      
malice or reckless indifference to the interests, rights, or safety of                              
others is shown by clear and convincing evidence. The bill's                                        
amendment to AS 26.23.210 would make the immunity also apply                                        
when the entities and persons covered by AS 26.20.140 perform duties                                
under AS 26.23.010 - 26.23.220, the Alaska Disaster Act.                                            
                                                                                                    
The bill also would amend AS 26.20.140 to add a new subsection to                                   
specify that "civilian defense or homeland security worker" means any                               
worker engaged in a civil defense or homeland security activity in an                               
official capacity or at the direction of the state, including federal, state                        
and local officials, state and local contractors, officers and employees                            
of other states, and volunteers.                                                                    
                                                                                                    
The bill would amend the definitions section of the civil defense                                   
statutes, AS 26.20.200. The existing definition of "civil defense" in                               
AS 26.20.200(1) would be amended to include security, vaccinations                                  
and other actions to protect public health and training, preparation,                               
travel, and other activities necessary for the provision of civil defense                           
services. A new paragraph (4) also would be added to the definitions                                
statute to define "homeland security" to mean the detection,                                        
prevention, preemption, deterrence of, protection from, and response                                
to, attacks targeted at state territory, population, or infrastructure. This                        
definition is based on a definition of homeland security in the Iowa                                
statutes.                                                                                           
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0705
        Suits Arising From Fire Management and Firefighting Activities                           
                       (Sections 12 and 13 of the bill)                                          
                                                                                                    
By statute, the commissioner of natural resources (commissioner) is                                 
authorized to provide for fire management and firefighting activities                               
throughout the state, including preventing, monitoring, suppressing, or                             
controlling forest fires. The commissioner, through the division of                                 
forestry, provides for fire management and firefighting activities. The                             
division of forestry's authority to prevent, monitor, suppress, or control                          
forest fires is one aspect of its authority to manage state forest                                  
resources. The division of forestry is asked to respond to forest fires in                          
various geographic areas and population zones in Alaska, which often                                
occur simultaneously during the fire season. When responding to a                                   
given fire, authorities cannot forget other fires that may be burning                               
simultaneously or that may soon occur. The division of forestry's fire                              
prevention, monitoring, control, or suppression decisions are                                       
complicated decisions that involve an evolving, and primarily                                       
emergency, situation.                                                                               
                                                                                                    
The Alaska Supreme Court, in tandem decisions issued in 2001, ruled                                 
that the State of Alaska may be sued and held liable for tort claims for                            
losses due to fire suppression efforts. These decisions open the door to                            
significant financial exposure to the state for losses due to fires. The                            
Alaska Supreme Court departed from substantial precedent                                            
immunizing such activities.                                                                         
                                                                                                    
Decisions regarding forest management related to fire control and                                   
suppression should be prompted by sound forestry and firefighting                                   
principles, rather than concerns regarding possible tort liability.                                 
Litigation of such claims inherently disrupts the division of forestry's                            
day-to-day operations and diverts substantial state resources to defend                             
such lawsuits. At the same time such litigation will not reduce the                                 
number of future fires, nor will it increase the resources available to                             
fight such fires.                                                                                   
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            

2003-04-04                     Senate Journal                      Page 0706
SB 172                                                                                            
SENATE BILL NO. 172 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
             "An Act relating to the limitation on upland acreage                                  
               that a person may take or hold under oil and gas                                    
          leases; and providing for an effective date."                                             
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Natural                                            
  Resources                                                                                         
                                                                                                    
Governor's transmittal letter dated April 3:                                                        
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that would amend AS 38.05.140(c) to increase the                                
upland acreage limit for oil and gas leases from 500,000 acres to                                   
750,000 acres, except for land north of the Umiat Meridian baseline.                                
                                                                                                    
Currently, under AS 38.05.140(c) oil and gas lessees may hold not                                   
more than a total of 500,000 acres on tide and submerged land and no                                
more than 500,000 acres on uplands. While oil and gas leases with                                   
certified wells and those included within units are excluded from these                             
acreage limitations, many operating oil and gas companies are already                               
either at the existing 500,000 acre limitation or close to it. The bulk of                          
this acreage is located on the North Slope and Beaufort Sea.                                        
                                                                                                    
In the past few years, the Department of Natural Resources has been                                 
encouraging exploration of frontier areas such as the North Slope                                   
foothills. The bill would increase the maximum upland acreage to                                    
750,000, of which no more than 500,000 acres could be located north                                 
of the Umiat Meridian baseline. Thus, companies would be able to                                    
lease and explore acreage in Alaska's frontier basins while still                                   
maintaining their interests on the North Slope.                                                     
                                                                                                    

2003-04-04                     Senate Journal                      Page 0707
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 173                                                                                            
SENATE BILL NO. 173 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
     "An Act repealing statutes pertaining to the Alaska Science                                    
     and Technology Foundation and transferring money in the                                        
     foundation's endowment; repealing statutes relating to the                                     
     BIDCO assistance program; repealing statutes pertaining to                                     
     the international trade and business endowment and                                             
     transferring money in the international trade and business                                     
     endowment; transferring oversight administration of                                            
     outstanding Alaska Science and Technology Foundation                                           
     loans and grants to the Alaska Industrial Development and                                      
     Export Authority; establishing an Alaska BIDCO assistance                                      
     program to be administered by the Department of                                                
     Community and Economic Development; making                                                     
     conforming amendments; 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, Department of Community and Economic                                            
   Development                                                                                      
                                                                                                    
Governor's transmittal letter dated April 3:                                                        
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating primarily to the Alaska Science and                                    
Technology Foundation (ASTF) and the programs it currently                                          
administers.                                                                                        

2003-04-04                     Senate Journal                      Page 0708
The bill would repeal the existing AS 37.17 statutes that create the                                
ASTF, its endowment fund, and the programs it administers -                                         
foundation grants and the BIDCO assistance program. The statute                                     
creating the international trade and business endowment in the ASTF                                 
also would be repealed. Subject to appropriation, the bill would                                    
provide for the transfer to the general fund of the money remaining in                              
the ASTF endowment fund and in the international trade and business                                 
endowment.                                                                                          
                                                                                                    
Oversight administration of existing ASTF foundation grants and                                     
BIDCO assistance program loans and other financial assistance would                                 
be transferred to the Alaska Industrial Development and Export                                      
Authority. A new Alaska BIDCO assistance program, very similar to                                   
the repealed BIDCO assistance program, also would be established, to                                
be administered by the Department of Community and Economic                                         
Development.                                                                                        
                                                                                                    
The bill also would make amendments in several other statutes to                                    
conform them to the changes described above.                                                        
                                                                                                    
I urge your prompt and favorable consideration of this bill.                                        
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 174                                                                                            
SENATE BILL NO. 174 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
              "An Act relating to the annual salary of the chief                                   
             procurement officer; and providing for an effective                                   
          date."                                                                                    
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Administration                                              

2003-04-04                     Senate Journal                      Page 0709
Governor's transmittal letter dated April 3:                                                        
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to the annual salary of the chief                                      
procurement officer.                                                                                
                                                                                                    
The salary of the chief procurement officer (CPO) is set in statute in                              
AS 36.30.010(d). The salary of the CPO is currently at range 23 of the                              
salary schedule established in AS 39.27.011. This bill would set the                                
annual salary of the CPO at range 24. The increase in the salary of the                             
CPO is being requested because the CPO now will head the division of                                
general services in the Department of Administration; the director                                  
position of that division is being eliminated. The duties normally                                  
performed by the director of general services will be undertaken by the                             
CPO. But, because the CPO salary is set in statute, the additional                                  
duties to be performed by the CPO cannot be compensated with an                                     
increase in pay without a change in law.                                                            
                                                                                                    
The duties to be assumed by the CPO as head of the division of                                      
general services are in keeping with the statutory duties and powers of                             
the CPO as set out in AS 36.30.010(b). Due to the expanded duties to                                
be undertaken by the CPO as head of the division of general services, I                             
propose that the annual salary of the CPO be increased from range 23                                
to range 24.                                                                                        
                                                                                                    
This bill will not result in an increased appropriation because the                                 
increase in the pay range for the CPO provides for an annual salary                                 
that is less than the annual salary ordinarily paid a division director.                            
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0710
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 16                                                                                             
CS FOR HOUSE BILL NO. 16(FIN) am "An Act amending, for                                              
purposes of the Alaska Stranded Gas Development Act, the standards                                  
applicable to determining whether a proposed new investment                                         
constitutes a qualified project, the standards used to determine whether                            
a person or group qualifies as a project sponsor or project sponsor                                 
group, and the deadline for applications relating to the development of                             
contracts for payments in lieu of taxes and for royalty adjustments that                            
may be submitted for consideration, and modifying the conditions                                    
bearing on the use of independent contractors to evaluate applications                              
or to develop contract terms; providing statements of intent for the Act                            
relating to use of project labor agreements and to reopening of                                     
contracts; and providing for an effective date" was read the second                                 
time.                                                                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
Senators Elton, Wagoner, Seekins, Lincoln, Dyson, Guess, Bunde,                                     
Wilken, Green, Cowdery, Ben Stevens, Ellis, Olson moved and asked                                   
unanimous consent to be shown as cross sponsors on the bill. Without                                
objection, it was so ordered.                                                                       
                                                                                                    
Senator Lincoln stated a possible conflict of interest.                                             
                                                                                                    
CS FOR HOUSE BILL NO. 16(FIN) am was read the third time.                                           
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 16(FIN) am                                         
"An Act amending, for purposes of the Alaska Stranded Gas                                           
Development Act, the standards applicable to determining whether a                                  
proposed new investment constitutes a qualified project, the standards                              
used to determine whether a person or group qualifies as a project                                  
sponsor or project sponsor group, and the deadline for applications                                 
relating to the development of contracts for payments in lieu of taxes                              
and for royalty adjustments that may be submitted for consideration,                                

2003-04-04                     Senate Journal                      Page 0711
and modifying the conditions bearing on the use of independent                                      
contractors to evaluate applications or to develop contract terms;                                  
providing statements of intent for the Act relating to use of project                               
labor agreements and to reopening of contracts; and providing for an                                
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSHB 16(FIN) am                                                                                     
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                 
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Hoffman                                                                                   
                                                                                                    
and so CS FOR HOUSE BILL NO. 16(FIN) 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.                                    
                                                                                                    
                                                                                                    
                     Second Reading of House Resolutions                                         
                                                                                                    
HJR 18                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 18(MLV) am                                                        
Supporting the men and women of the United States armed forces, was                                 
read the second time.                                                                               
                                                                                                    
Senator Gary Stevens, Chair, moved and asked unanimous consent for                                  
the adoption of the State Affairs Senate Committee Substitute offered                               
on page 665. Without objection, SENATE CS FOR CS FOR HOUSE                                          
JOINT RESOLUTION NO. 18(STA) was adopted.                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
resolution be considered engrossed, advanced to third reading and                                   
placed on final passage. Without objection, it was so ordered.                                      

2003-04-04                     Senate Journal                      Page 0712
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
18(STA) was read the third time.                                                                    
                                                                                                    
Senators Wilken, Green, Olson, Ben Stevens, Guess, Cowdery, Ogan,                                   
Taylor, Dyson, Gary Stevens, Wagoner, Seekins, Therriault, Lincoln                                  
moved and asked unanimous consent to be shown as cross sponsors on                                  
the resolution. Without objection, it was so ordered.                                               
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE                                               
JOINT RESOLUTION NO. 18(STA) Supporting the men and women                                           
of the United States armed forces, pass the Senate?" The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SCS CSHJR 18(STA)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                 
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Hoffman                                                                                   
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                                                 
NO. 18(STA) passed the Senate and was referred to the Secretary for                                 
engrossment.                                                                                        
                                                                                                    
                                  Citations                                                      
                                                                                                    
Commemorating - National Day of Prayer and Alaska Day of Prayer,                                    
May 1, 2003                                                                                         
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                  
Green, Guess, Hoffman, Lincoln, Olson, Ogan, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wilken                                                                        
Representative(s) Kott                                                                              
                                                                                                    
                                         th                                                         
Honoring - Mary and Joe Jensen, 50 Wedding Anniversary                                              
Representative(s) Ogg                                                                               
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens,                                  
Taylor, Wilken                                                                                      

2003-04-04                     Senate Journal                      Page 0713
Tribute to the Hunter, Robert Aiken, Sr.                                                            
Representative(s) Joule                                                                             
Senator(s) Olson, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, 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.                                                          
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
HJR 18                                                                                            
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
18(STA) Supporting the men and women of the United States armed                                     
forces, was engrossed, signed by the President and Secretary and                                    
returned to the House for consideration.                                                            
                                                                                                    
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SJR 9                                                                                             
CS FOR SENATE JOINT RESOLUTION NO. 9(STA) Expressing                                                
confidence in and support for all members of the military, their                                    
families, and employers of members of the National Guard, was                                       
enrolled, signed by the President and Secretary, Speaker and Chief                                  
Clerk and the engrossed and enrolled copies transmitted to the Office                               
of the Governor at 8:50 a.m., April 4, 2003.                                                        
                                                                                                    
Memorandum from Division of Legal and Research Services,                                            
Legislative Affairs Agency, was received, reporting the following                                   
manifest error in CS FOR SENATE JOINT RESOLUTION NO.                                                
9(STA), which has been corrected in enrolling:                                                      
                                                                                                    

2003-04-04                     Senate Journal                      Page 0714
  Page 1, line 6:                                                                                   
   Delete "to"                                                                                      
                                                                                                    
SB 54                                                                                             
SENATE BILL NO. 54 "An Act exempting flight crew members of                                         
certain air carriers from overtime pay requirements" was enrolled,                                  
signed by the President and Secretary, Speaker and Chief Clerk and                                  
the engrossed and enrolled copies transmitted to the Office of the                                  
Governor at 8:50 a.m., April 4, 2003.                                                               
                                                                                                    
SB 78                                                                                             
SENATE BILL NO. 78 am H "An Act relating to an optional group of                                    
persons eligible for medical assistance who require treatment for                                   
breast and cervical cancer; relating to cost sharing by those recipients                            
under the medical assistance program; and providing for an effective                                
date" was enrolled, signed by the President and Secretary, Speaker and                              
Chief Clerk and the engrossed and enrolled copies transmitted to the                                
Office of the Governor at 8:50 a.m., April 4, 2003.                                                 
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., April 7, 2003. Without                                
objection, the Senate adjourned at 11:15 a.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    June 2003                       

2003-04-04                     Senate Journal                      Page 0715
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
Apr 04        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 07        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 09        Wednesday                    Fahrenkamp 203             1:30 PM                     
+             Legislative Directive for Unorganized                                                 
              Borough Review:                                                                       
              Local Boundary Commission                                                             
              <Testimony by Invitation Only>                                                        
                                                                                                    
Apr 11        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 04        Friday                    Senate Finance 532            9:00 AM                     
= SB  86 INTEREST ON DELINQUENT TAXES                                                               
     SB 103 MOTOR VEHICLE REGISTRATION FEES                                                         
= SB 108 HEALTH FACILITY MEDICAID RATES/ADV. COM'N                                                  
= SB 109 MEDICAID COST CONTAINMENT & PRIORITY LIST                                                  
= SB 124 ALCOHOLISM AND DRUG ABUSE GRANTS                                                           
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0716
                             FINANCE (continued)                                                 
                                                                                                    
Apr 07        Monday                    Senate Finance 532          10:00 AM                      
              -- Meeting Canceled --                                                                
     SB 105 MEDICAID:CHILDREN/PREGNANT WOMEN/FACILITY                                               
              <Pending Referral>                                                                    
= SB 106 FEE FOR STUDDED TIRES                                                                      
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 08        Tuesday                   Senate Finance 532            9:00 AM                     
= SB 106 FEE FOR STUDDED TIRES                                                                      
              <Previously scheduled for 4/7/03>                                                     
     SB  82 ALCOHOLIC BEVERAGE TAX FOR WINE & OTHERS                                                
     SB 120 CLAIMS BY STATE-EMPLOYED SEAMEN                                                         
     HB   9 HOME INSPECTORS/CONTRACTORS                                                             
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 09        Wednesday                 Senate Finance 532            9:00 AM                     
     SB 153 LONG-TERM LEASES OF ALASKA RR LAND                                                      
     SB 173 SCIENCE & TECH FOUNDATION/BIDCO/INT.TRADE                                               
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 10        Thursday                  Senate Finance 532            9:00 AM                     
     SB 136 RESIDENTIAL PROPERTY TAX EXEMPTION                                                      
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 11        Friday                    Senate Finance 532            9:00 AM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 07        Monday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
+= SB 105 MEDICAID:CHILDREN/PREGNANT WOMEN/FACILITY                                                 
+= SB 110 UNDER SCHOOL AGE STUDENTS                                                                 
+ HB  51 LABELING OF PRESCRIBED DRUGS                                                               
+ SB 104 REPEAL CHARTER SCHOOL GRANTS                                                               
+ SB 121 COMMUNITY SCHOOLS                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0717
               HEALTH, EDUCATION & SOCIAL SERVICES (continued)                                   
                                                                                                    
Apr 09        Wednesday                       Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
+= SB  30 ABORTION: INFORMED CONSENT; INFORMATION                                                   
+ SB 157 INPATIENT PSYCHIATRIC SERVICES                                                             
+ SB  84 TEACHER LOAN REPAYMENT PROGRAM                                                             
+ SB 154 NURSE EDUC LOAN REPAYMENT PROGRAM                                                          
                                                                                                    
Apr 11        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
+ SB 160 CIVIL LIABILITY FOR DEFIBRILLATOR USE                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 04        Friday                                Beltz 211         1:30 PM                     
+ SB  97 ATTY FEES: PUBLIC INTEREST LITIGANTS                                                       
              <Pending Referral>                                                                    
+ HB  82 COMMERCIAL ELECTRONIC MAIL                                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 07        Monday                                Beltz 211         1:30 PM                     
+= SB  53 REVOKE DRIVER'S LIC. FOR FATAL ACCIDENT                                                   
+ HB  23 RESTITUTION FOR CRIME VICTIMS                                                              
+= SB  49 2003 REVISOR'S BILL                                                                       
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 09        Wednesday                             Beltz 211         1:30 PM                     
+= SB  97 ATTY FEES: PUBLIC INTEREST LITIGANTS                                                      
              <Pending Referral>                                                                    
+ SB  24 SPECIAL ABSENTEE BALLOTS                                                                   
+ HB  46 PRIMARY ELECTION BALLOTS                                                                   
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 11        Friday                                Beltz 211         1:30 PM                     
+ SB  41 MEDICAID COSTS AND CRIMES                                                                  
     SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE                                               
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0718
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 08        Tuesday                               Beltz 211         2:00 PM                     
              -- Time Change --                                                                     
              Bills Previously Heard/Scheduled                                                      
+ HB 118 TRANSPORTATION OF COMMERCIAL FISH                                                          
+ SB  13 INSURANCE DISCRIMINATION BY CREDIT RATING                                                  
                                                                                                    
Apr 10        Thursday                              Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
+ SB 128 COMMON CARRIER LIQUOR LICENSE                                                              
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Apr 04        Friday                          Butrovich 205           3:30 PM                     
     SB 127 PRIORITY TREATMENT OF PERMIT APPLICATIONS                                               
              <Bill Hearing Postponed>                                                              
     SB 142 DNR LEAD RESOURCE DEVELOPMENT PROJECTS                                                  
              <Bill Hearing Postponed to 4/9/03>                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 07        Monday                          Butrovich 205           3:30 PM                     
+             Confirmation Hearing:                                                                 
              Commissioner, Dept of Fish and Game -                                                 
              Kevin Duffy                                                                           
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 09        Wednesday                       Butrovich 205           3:30 PM                     
+= SB 142 DNR LEAD RESOURCE DEVELOPMENT PROJECTS                                                    
+ SB 164 EXTEND BOARD OF STORAGE TANK ASSISTANCE                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 11        Friday                          Butrovich 205           3:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-04                     Senate Journal                      Page 0719
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 08        Tuesday                               Beltz 211         3:30 PM                     
+ SCR  6 LOCATION OF NEW SEAFOOD LAB                                                                
     SB  22 CRIME VICTIMS' COMP.:SEXUAL ABUSE/ASSAULT                                               
              <Bill Hearing Postponed to 4/10/03>                                                   
+ SB 158 MOVE DOMESTIC VIOLENCE COUNCIL TO DHSS                                                     
+= HB  52 SEX CRIME AND PORNOGRAPHY FORFEITURES                                                     
              <Bill Hearing Rescheduled from 4/3/03>                                                
+= SB 148 PFD: ALLOWABLE ABSENCE FOR MILITARY SVC                                                   
              <Bill Hearing Rescheduled from 4/3/03>                                                
+= SB 146 COMMEMORATIVE VETERANS LICENSE PLATE                                                      
              <Bill Hearing Rescheduled from 4/3/03>                                                
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 10        Thursday                              Beltz 211         3:30 PM                     
+ SB 159 PAROLE FOR MEDICAL / COGNITIVE DISABILITY                                                  
+ HB   2 CIVIL STATUTE OF LIMITATIONS/SEX OFFENSES                                                  
+= SB  22 CRIME VICTIMS' COMP.:SEXUAL ABUSE/ASSAULT                                                 
              <Bill Hearing Rescheduled from 4/8/03>                                                
+= SB  85 REPEAT SERIOUS SEX OFFENSES                                                               
              <Bill Hearing Rescheduled from 4/3/03>                                                
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 08        Tuesday                         Butrovich 205           1:30 PM                     
= SB 140 ROAD SIGNS TO PLACES OF PUBLIC ASSEMBLY                                                    
+ SB  98 LIABILITY: PLANE AND BOAT PASSENGERS                                                       
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 10        Thursday                        Butrovich 205           1:30 PM                     
     SJR 14 FAA FLIGHT SERVICE STATIONS                                                             
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                ADMINISTRATION                                                   
                                                                                                    
Apr 10        Thursday                              Beltz 211         8:00 AM                     
              -- Rescheduled from 4/3/03 --                                                         
              FY04 Budget Close-out                                                                 
                   ----------------------------------------                                        

2003-04-04                     Senate Journal                      Page 0720
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                      COMMUNITY AND ECONOMIC DEVELOPMENT                                         
                                                                                                    
Apr 04        Friday                    Senate Finance 532            8:00 AM                     
              Budget Close-out                                                                      
                   ----------------------------------------                                        
                                                                                                    
                                 CORRECTIONS                                                     
                                                                                                    
Apr 04        Friday                    Senate Finance 532            4:30 PM                     
              Review Agency Programs                                                                
              Proposed FY04 Budget                                                                  
                                                                                                    
Apr 07        Monday                    Senate Finance 532            4:30 PM                     
              Review Agency Programs                                                                
              Proposed FY04 Budget                                                                  
                                                                                                    
Apr 09        Wednesday                 Senate Finance 532            4:30 PM                     
              Preliminary FY04 Budget Close-out                                                     
                                                                                                    
Apr 10        Thursday                  Senate Finance 532            5:00 PM                     
              FY04 Budget Close-out and Agency Response                                             
                   ----------------------------------------                                        
                                                                                                    
                                 COURT SYSTEM                                                    
                                                                                                    
Apr 10        Thursday                  Senate Finance 532          11:30 AM                      
              FY04 Budget Close-out                                                                 
                   ----------------------------------------                                        
                                                                                                    
                        EDUCATION & EARLY DEVELOPMENT                                            
                                                                                                    
Apr 10        Thursday                  Senate Finance 532            5:30 PM                     
              Operating Budget Close-out                                                            
                   ----------------------------------------                                        
                                                                                                    
                          ENVIRONMENTAL CONSERVATION                                             
                                                                                                    
Apr 10        Thursday                     Fahrenkamp 203             1:00 PM                     
                   ----------------------------------------                                        

2003-04-04                     Senate Journal                      Page 0721
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                           HEALTH & SOCIAL SERVICES                                              
                                                                                                    
Apr 08        Tuesday                   Senate Finance 532            4:30 PM                     
              Preliminary FY04 Budget Close-out                                                     
                                                                                                    
Apr 10        Thursday                  Senate Finance 532            4:30 PM                     
              FY04 Budget Close-out and Agency Response                                             
                   ----------------------------------------                                        
                                                                                                    
                        LABOR & WORKFORCE DEVELOPMENT                                            
                                                                                                    
Apr 09        Wednesday                             Beltz 211        12:00 PM                     
              -- Rescheduled from 4/3/03 --                                                         
              FY04 Budget Close-out                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                     LAW                                                         
                                                                                                    
Apr 04        Friday                                Beltz 211         8:00 AM                     
              -- Rescheduled to 4/11/03 --                                                          
              FY04 Budget Close-out                                                                 
                                                                                                    
Apr 11        Friday                                Beltz 211         8:00 AM                     
              -- Rescheduled from 4/4/03 --                                                         
              FY04 Budget Close-out                                                                 
                   ----------------------------------------                                        
                                                                                                    
                        MILITARY AND VETERANS AFFAIRS                                            
                                                                                                    
Apr 08        Tuesday                      Fahrenkamp 203           11:00 AM                      
              -- Meeting Canceled --                                                                
                                                                                                    
Apr 11        Friday                          Butrovich 205          12:30 PM                     
                   ----------------------------------------                                        
                                                                                                    
                              NATURAL RESOURCES                                                  
                                                                                                    
Apr 09        Wednesday                             Beltz 211         8:30 AM                     
              -- Time Change --                                                                     
              -- Rescheduled from 4/2/03 --                                                         
              FY04 Budget Close-out                                                                 
                   ----------------------------------------                                        

2003-04-04                     Senate Journal                      Page 0722
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                                PUBLIC SAFETY                                                    
                                                                                                    
Apr 08        Tuesday                      Fahrenkamp 203             4:00 PM                     
                   ----------------------------------------                                        
                                                                                                    
                                   REVENUE                                                       
                                                                                                    
Apr 09        Wednesday                             Beltz 211         4:00 PM                     
              -- Time Change --                                                                     
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Apr 04        Friday                     House Finance 519            7:00 AM                     
              -- Meeting Canceled --                                                                
              Commissioner Joel Gilbertson                                                          
              Dept of Health and Social Services                                                    
                                                                                                    
Apr 09        Wednesday                 Senate Finance 532            7:00 AM                     
              Commissioner Joel Gilbertson                                                          
              Dept of Health and Social Services                                                    
                                                                                                    
Apr 29        Tuesday                    House Finance 519            8:00 AM                     
              Audits and Other Committee Business                                                   
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Apr 25        Friday                       House Chamber            11:00 AM                      
              Address by U.S. Senator Lisa Murkowski