Legislature(2003 - 2004)

2003-04-23 Senate Journal

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2003-04-23                     Senate Journal                      Page 0929
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                   Wednesday                    April 23, 2003                      
                                                                                                    
                               Ninety-third Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:13 a.m.                                                                            
                                                                                                    
The roll showed eighteen members present. Senators Green, Taylor                                    
were absent.                                                                                        
                                                                                                    
The prayer was offered by the Chaplain, Douglas Mertz of the                                        
Religious Society of Friends (Quakers). Senator Hoffman moved and                                   
asked unanimous consent that the prayer be spread. Without objection,                               
it was so ordered.                                                                                  
                                                                                                    
          Let us pray.                                                                              
                                                                                                    
          Oh God, Whose wisdom surpasses our                                                        
          understanding, make us aware of Thy presence in                                           
          ourselves, in our gatherings, in our deliberations;                                       
                                                                                                    
          Make us aware of our own better natures and higher                                        
          selves, that we may seek out what is good in others,                                      
          putting aside all smallness and bitterness and                                            
          rivalries;                                                                                
                                                                                                    
          Make us aware of Thy voice within ourselves, that                                         
          we may use it to speak to others and to listen to Thy                                     
          wisdom in the words of others.                                                            
                                                                                                    
          Make us the instruments of Thy peace, Thy love, and                                       
  Thy justice.                                                        Amen.                        
                                                                                                    
                                                                                                    
Senator French led the Senate in the Pledge of Allegiance.                                          
                                                                                                    

2003-04-23                     Senate Journal                      Page 0930
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the ninety-second legislative day be approved as certified                              
by the Secretary. Without objection, it was so ordered.                                             
                                                                                                    
The presence of Senator Green was noted.                                                            
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 43                                                                                             
Message dated April 22 was read, stating the House passed and                                       
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 43(FIN) "An Act                                                    
          extending the termination date of the State Medical                                       
          Board."                                                                                   
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HCR 2                                                                                             
Message dated April 22 was read, stating the House concurred in the                                 
Senate amendment to CS FOR HOUSE CONCURRENT                                                         
RESOLUTION NO. 2(MLV) am Relating to the extension of the                                           
Alaska Railroad to Fort Greely to serve the anti-ballistic missile                                  
launch facility, thus adopting:                                                                     
                                                                                                    
          SENATE CS FOR CS FOR HOUSE                                                                
          CONCURRENT RESOLUTION NO. 2(CRA)                                                          
          Relating to the extension of the Alaska Railroad to                                       
          Delta Junction and Fort Greely to support expanding                                       
          resource development, agricultural, and military                                          
          activities.                                                                               
                                                                                                    
Message dated April 22 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-23                     Senate Journal                      Page 0931
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 120                                                                                            
CS FOR HOUSE BILL NO. 120(RLS) am BY THE HOUSE RULES                                                
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act excluding service contracts from regulation                                       
          as insurance; relating to insurance licensing for motor                                   
          vehicle service contracts and home warranties; and                                        
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 177                                                                                            
The State Affairs Committee considered SENATE BILL NO. 177 "An                                      
Act relating to cost-of-living benefits for retired members in the public                           
employees' retirement system and the teachers' retirement system who                                
are called to active military duty; and providing for an effective date."                           
Signing do pass: Senator Gary Stevens, Chair; Senators Cowdery,                                     
Dyson.                                                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SJR 16                                                                                            
The State Affairs Committee considered SENATE JOINT                                                 
RESOLUTION NO. 16 Encouraging the federal government to end                                         
the federal subsidy of ethanol, and requesting the Congress of the                                  
United States to mandate that land currently used to grow corn for the                              
production of ethanol be returned to its natural state. Signing do pass:                            
Senator Gary Stevens, Chair; Senators Cowdery, Dyson.                                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Senate State Affairs Committee                                            

2003-04-23                     Senate Journal                      Page 0932
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
SJR 17                                                                                            
The State Affairs Committee considered SENATE JOINT                                                 
RESOLUTION NO. 17 Relating to the Alaska-Yukon                                                      
Intergovernmental Relations Accord, to annual legislative exchanges,                                
and to continuing intergovernmental work on matters of joint concern                                
and mutual interest. Signing do pass: Senator Gary Stevens, Chair;                                  
Senators Cowdery, Dyson.                                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Senate State Affairs Committee                                            
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 194                                                                                            
SENATE BILL NO. 194 BY SENATOR GARY STEVENS, entitled:                                              
                                                                                                    
             "An Act authorizing delivery of up to two bottles of                                  
            distilled spirits to a cruise ship passenger or hotel                                  
          guest."                                                                                   
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 160                                                                                            
CS FOR HOUSE BILL NO. 160(FIN) "An Act relating to the                                              
emission control permit program; relating to fees for that program and                              
to the accounting of receipts deposited in the emission control permit                              
receipts account; and providing for an effective date" was read the                                 
second time.                                                                                        
                                                                                                    

2003-04-23                     Senate Journal                      Page 0933
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.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 160(FIN) was read the third time.                                             
                                                                                                    
The presence of Senator Taylor was noted.                                                           
                                                                                                    
HB 160                                                                                            
The question being: "Shall CS FOR HOUSE BILL NO. 160(FIN) "An                                       
Act relating to the emission control permit program; relating to fees                               
for that program and to the accounting of receipts deposited in the                                 
emission control permit receipts account; and providing for an                                      
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSHB 160(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 160(FIN) passed the Senate.                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. 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 13                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 13(HES) Urging                                                    
adoption of the Alaska recommendations for implementing the No                                      
Child Left Behind Act of 2001, was read the second time.                                            
                                                                                                    

2003-04-23                     Senate Journal                      Page 0934
Senator Dyson, Chair, moved and asked unanimous consent for the                                     
adoption of the Health, Education and Social Services Senate                                        
Committee Substitute offered on page 859. Senator Ellis objected,                                   
then withdrew his objection. There being no further objections,                                     
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
13(HES) 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.                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
13(HES) was read the third time.                                                                    
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE                                               
JOINT RESOLUTION NO. 13(HES) Urging adoption of the Alaska                                          
recommendations for implementing the No Child Left Behind Act of                                    
2001, pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
SCS CSHJR 13(HES)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                                                 
NO. 13(HES) passed the Senate and was referred to the Secretary for                                 
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Nikiski Bulldogs Girls' Basketball Team, 2002-2003 Class                                 
3A State Championship                                                                               
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary                                   
Stevens, Taylor, Wilken                                                                             
Representative(s) Chenault                                                                          
                                                                                                    

2003-04-23                     Senate Journal                      Page 0935
Honoring - Ninilchik Wolverines Girls' Basketball Team, 2002-2003                                   
District 3 Class 2A                                                                                 
State Champions                                                                                     
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary                                   
Stevens, Taylor, Wilken                                                                             
Representative(s) Chenault                                                                          
                                                                                                    
Honoring - Cook Inlet Academy Boys' Basketball Team, 2002-2003                                      
District 3/Class 2A Championship                                                                    
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary                                   
Stevens, Taylor, Wilken                                                                             
                                                                                                    
In Memoriam - Malcolm S. Johnson, Isaiah T. Johnson                                                 
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, French,                                 
Green, Guess, Hoffman, Lincoln, Olson, 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.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
SB 184                                                                                            
Senators Ellis, Dyson, Wagoner, Green moved and asked unanimous                                     
consent to be shown as cosponsors on SENATE BILL NO. 184 "An                                        
Act relating to the sale, offer for sale, representation, and labeling of                           
food or other agricultural products as organic, and to the state organic                            
certification program; and providing for an effective date." Without                                
objection, it was so ordered.                                                                       
                                                                                                    
SJR 15                                                                                            
Senator Elton moved and asked unanimous consent to be shown as a                                    
cosponsor on SENATE JOINT RESOLUTION NO. 15 Relating to the                                         
USA PATRIOT Act and to defending the Bill of Rights, the                                            
Constitution of the State of Alaska, and civil liberties. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    

2003-04-23                     Senate Journal                      Page 0936
HB 64                                                                                             
The reconsideration on CS FOR HOUSE BILL NO. 64(JUD) "An Act                                        
relating to court approval of the purchase of structured settlements"                               
was not taken up this legislative day and the bill was signed by the                                
President and Secretary and returned to the House.                                                  
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
HJR 13                                                                                            
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
13(HES) Urging adoption of the Alaska recommendations for                                           
implementing the No Child Left Behind Act of 2001, was engrossed,                                   
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SB 83                                                                                             
SENATE BILL NO. 83 "An Act naming the Sven Haakanson, Sr.                                           
Airport at Old Harbor" 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 8:30 a.m., April 23,                            
2003.                                                                                               
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., April 24, 2003. Without                               
objection, the Senate adjourned at 11:39 a.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2003                       

2003-04-23                     Senate Journal                      Page 0937
                                Announcements                                                    
                                                                                                    
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