Legislature(2003 - 2004)

2003-04-25 Senate Journal

Full Journal pdf

2003-04-25                     Senate Journal                      Page 0961
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                      Friday                    April 25, 2003                      
                                                                                                    
                               Ninety-fifth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 10:57 a.m.                                                                            
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Mike Rose of the                                     
Juneau Christian Center. Senator Ogan moved and asked unanimous                                     
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
          Heavenly Father, thank You for this beautiful day,                                        
          which You have created. Thank You that Your                                               
          mercies are new every morning. Thank You that we                                          
          have the awesome privilege of living in this great                                        
          nation, with the freedom to acknowledge You in this                                       
          place.                                                                                    
                                                                                                    
          We ask for Your guidance, direction, and protection                                       
          for our president and his cabinet. We ask You to                                          
          bless and protect our troops and give them success in                                     
          their mission in Iraq.                                                                    
                                                                                                    
          Today, we ask for Your help in our state government;                                      
          we pray for wisdom, understanding and strength for                                        
          each one in the Senate. We also ask You to                                                
          strengthen and protect their families. Lord, we  pray                                     
          for an increase in unity and prosperity throughout our                                    
          state. May we be indeed one nation under God with                                         
          liberty and justice for all people. In Jesus' name I                                      
pray.                                                                   Amen.                      
                                                                                                    
Senator Guess led the Senate in the Pledge of Allegiance.                                           

2003-04-25                     Senate Journal                      Page 0962
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the ninety-fourth legislative day be approved as certified by                           
the Secretary. Without objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in recess to the Joint Session. Without objection, the                                 
Senate recessed at 11:02 a.m.                                                                       
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
                          Joint Session in the House                                             
                                                                                                    
Speaker Kott called the House to order and in accordance with                                       
Uniform Rule 51 turned the gavel over to President Therriault, who                                  
called the Joint Session to order at 11:08 a.m.                                                     
                                                                                                    
The purpose of the Joint Session was to hear an address by the                                      
Honorable Lisa Murkowski.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the roll                                 
call of the Senate be waived and all members be shown as present.                                   
Without objection, it was so ordered.                                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call of the House be waived and all members be shown as present.                               
Without objection, it was so ordered.                                                               
                                                                                                    
President Therriault introduced the Honorable Frank Murkowski,                                      
Governor; First Lady Nancy Murkowski; Chief of Staff Jim Clark;                                     
Department of Community and Economic Development Deputy                                             
Commissioner Bill Noll; and Attorney General Gregg Renkes.                                          
                                                                                                    
President Therriault appointed Representative Dahlstrom and Senator                                 
Dyson to escort Senator Murkowski to the Joint Session.                                             

2003-04-25                     Senate Journal                      Page 0963
The Senate Sergeant at Arms, Jamiann Stevens, announced Senator                                     
Murkowski's entrance to the House Chamber.                                                          
                                                                                                    
The Honorable Lisa Murkowski was escorted to the rostrum and                                        
welcomed by President Therriault.                                                                   
                                                                                                    
Senator Murkowski delivered her address. This address appears in                                    
Senate and House Joint Journal Supplement No. 9.                                                    
                                                                                                    
Following her address, there was a question and answer period.                                      
Senator Murkowski received a standing ovation and was escorted from                                 
the chamber by Senator Dyson and Representative Dahlstrom.                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Joint Session stand in adjournment. Without objection, President                                    
Therriault adjourned the Joint Session at 12:30 p.m.                                                
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
                                In the Senate                                                    
                                                                                                    
The Senate reconvened at 4:57 p.m.                                                                  
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HJR 13                                                                                            
Message dated April 24 was read, stating the House concurred in the                                 
Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO.                                               
13(HES), thus adopting:                                                                             
                                                                                                    
          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.                                                            
                                                                                                    
Message dated April 24 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    

2003-04-25                     Senate Journal                      Page 0964
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 151                                                                                            
CS FOR HOUSE BILL NO. 151(JUD) am BY THE HOUSE                                                      
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to claims and court actions for                                          
          defects in the design, construction, and remodeling of                                    
          certain dwellings; limiting when certain court actions                                    
          may be brought; and amending Rules 79 and 82,                                             
          Alaska Rules of Civil Procedure."                                                         
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    
HB 177                                                                                            
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                        
177(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE,                                                      
entitled:                                                                                           
                                                                                                    
          "An Act relating to concealed handguns."                                                  
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 256                                                                                            
HOUSE BILL NO. 256 BY THE HOUSE FINANCE COMMITTEE,                                                  
entitled:                                                                                           
                                                                                                    
             "An Act relating to a dividend payment to the state                                   
                made by the Alaska Housing Finance Corporation                                     
           each fiscal year; and providing for an effective date."                                 
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-25                     Senate Journal                      Page 0965
                          Standing Committee Reports                                             
                                                                                                    
SB 53                                                                                             
The Finance Committee considered SENATE BILL NO. 53 "An Act                                         
relating to disposition of a traffic offense involving the death of a                               
person; providing for the revocation of driving privileges by a court                               
for a driver convicted of a violation of traffic laws in connection with                            
a fatal motor vehicle or commercial motor vehicle accident; amending                                
Rules 43 and 43.1, Alaska Rules of Administration; and providing for                                
an effective date." Signing do pass: Senators Green, Wilken, Cochairs.                              
Signing no recommendation: Senators Taylor, Hoffman, Olson,                                         
Bunde, Ben Stevens.                                                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Administration                                                    
 Fiscal Note No. 2, indeterminate, Department of Administration                                     
 Fiscal Note No. 3, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 98                                                                                             
The Judiciary Committee considered SENATE BILL NO. 98 "An Act                                       
relating to civil liability for guest passengers on an aircraft or                                  
watercraft; and providing for an effective date" and recommended the                                
adoption of the Transportation Committee Substitute offered on page                                 
762. Signing do pass: Senator Seekins, Chair; Senator Ogan. Signing                                 
no recommendation: Senator French.                                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 112                                                                                            
The Transportation Committee considered SENATE BILL NO. 112                                         
"An Act increasing the motor fuel tax and repealing the special tax                                 
rates on blended fuels; and providing for an effective date" and                                    
recommended it be replaced with                                                                     
                                                                                                    
                                                                                                    

2003-04-25                     Senate Journal                      Page 0966
          CS FOR SENATE BILL NO. 112(TRA) "An Act                                                   
          increasing the motor fuel tax; repealing the special                                      
          tax rates on blended fuels; removing the motor fuel                                       
          tax exemption of the Alaska Railroad; relating to tax                                     
          refunds for government agency purchases of fuel; and                                      
          providing for an effective date."                                                         
                                                                                                    
Signing do pass: Senator Cowdery, Chair. Signing do not pass:                                       
Senators Olson, Lincoln. Signing no recommendation: Senators                                        
Therriault, Wagoner.                                                                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Revenue                                                           
 Fiscal Note No. 2, zero, Department of Environmental                                               
  Conservation                                                                                      
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 147                                                                                            
The Finance Committee considered SENATE BILL NO. 147 "An Act                                        
relating to control of nuisance wild animals; and providing for an                                  
effective date." Signing do pass: Senators Green, Wilken, Cochairs;                                 
Senators Taylor, Bunde, Ben Stevens. Signing no recommendation:                                     
Senators Hoffman, Olson.                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Fish and Game                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 157                                                                                            
The Finance Committee considered SENATE BILL NO. 157 "An Act                                        
relating to inpatient psychiatric services for persons who are under 21                             
years of age and are either eligible for medical assistance or are in the                           
custody of the Department of Health and Social Services" and                                        
recommended the adoption of the Health, Education and Social                                        
Services  Committee Substitute offered on page 781.                                                 
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-25                     Senate Journal                      Page 0967
Signing do pass: Senators Green, Wilken, Cochairs; Senators Taylor,                                 
Bunde, Ben Stevens. Signing no recommendation: Senators Hoffman,                                    
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 161                                                                                            
The Judiciary Committee considered SENATE BILL NO. 161 "An                                          
Act relating to certain civil actions brought by the attorney general                               
under monopoly and restraint of trade statutes; relating to the award of                            
damages in actions brought under those statutes; and providing for an                               
effective date." Signing do pass: Senator Seekins, Chair; Senators                                  
French, Therriault, Ellis. Signing no recommendation: Senator Ogan.                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Law                                                
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 180                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
180 "An Act establishing the Safety Code Task Force; and providing                                  
for an effective date" and recommended it be replaced with                                          
                                                                                                    
          CS FOR SENATE BILL NO. 180(L&C)                                                           
                                                                                                    
Signing do pass: Senator Bunde, Chair; Senators Seekins, Gary                                       
Stevens. Signing no recommendation: Senators Davis, French.                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Legislative Agency                                                              
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    

2003-04-25                     Senate Journal                      Page 0968
HB 1                                                                                              
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
1(JUD) "An Act relating to stalking and to violating a protective order;                            
and amending Rules 4 and 65, Alaska Rules of Civil Procedure, and                                   
Rule 9, Alaska Rules of Administration." Signing do pass: Senator                                   
Gary Stevens, Chair; Senators Dyson, Guess.                                                         
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Public Safety                                               
 Fiscal Note No. 3, indeterminate, Department of Administration                                     
 Fiscal Note No. 4, indeterminate, Alaska Court System                                              
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 75                                                                                             
The Finance Committee considered CS FOR SPONSOR                                                     
SUBSTITUTE FOR HOUSE BILL NO. 75(FIN) am(brf sup maj fld)                                           
"An Act making appropriations for the operating and loan program                                    
expenses of state government, for certain programs, and to capitalize                               
funds; and providing for an effective date" and recommended it be                                   
replaced with                                                                                       
                                                                                                    
          SENATE CS FOR CS FOR SPONSOR                                                              
          SUBSTITUTE FOR HOUSE BILL NO. 75(FIN)                                                     
          "An Act making appropriations for the operating and                                       
          loan program expenses of state government, for                                            
          certain programs, and to capitalize funds; making                                         
          appropriations under art. IX, sec. 17(c), Constitution                                    
          of the State of Alaska, from the constitutional budget                                    
          reserve fund; and providing for an effective date."                                       
          (technical title change)                                                                  
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senator Ben                                      
Stevens. Signing no recommendation: Senators Taylor, Hoffman,                                       
Olson, Bunde.                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    

2003-04-25                     Senate Journal                      Page 0969
HB 76                                                                                             
The Finance Committee considered CS FOR SPONSOR                                                     
SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) "An Act making                                                
appropriations for the operating and capital expenses of the state's                                
integrated comprehensive mental health program; and providing for an                                
effective date" and recommended it be replaced with                                                 
                                                                                                    
          SENATE    CS    FOR    CS    FOR    SPONSOR                                               
          SUBSTITUTE FOR HOUSE BILL NO. 76(FIN)                                                     
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators Ben                                     
Stevens, Bunde. Signing no recommendation: Senators Taylor,                                         
Hoffman, Olson.                                                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 109                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
109(FIN) "An Act relating to the limitation on payment of state                                     
treasury warrants and to the payment of a claim for which the                                       
appropriation has lapsed; and providing for an effective date." Signing                             
do pass: Senator Gary Stevens, Chair; Senators Dyson, Guess.                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 127                                                                                            
The Transportation Committee considered CS FOR HOUSE BILL                                           
NO. 127(STA) "An Act relating to roadside memorials within the                                      
right-of-way of a state highway" and recommended it be replaced with                                
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          127(TRA)                                                                                  
                                                                                                    
Signing do pass: Senator Cowdery, Chair; Senator Olson. Signing no                                  
recommendation: Senators Therriault, Wagoner. Signing amend:                                        
Senator Lincoln.                                                                                    
                                                                                                    

2003-04-25                     Senate Journal                      Page 0970
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Transportation and Public                                   
  Facilities                                                                                        
                                                                                                    
The bill was referred to the State Affairs Committee.                                               
                                                                                                    
HCR 11                                                                                            
The State Affairs Committee considered CS FOR HOUSE                                                 
CONCURRENT RESOLUTION NO. 11(FSH) am Relating to Alaska                                             
Wild Salmon Week, June 30 - July 4, 2003. Signing do pass: Senator                                  
Gary Stevens, Chair; Senators Dyson, Guess.                                                         
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Legislative Agency                                                        
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 197                                                                                            
SENATE BILL NO. 197 BY SENATOR DYSON, entitled:                                                     
                                                                                                    
             "An Act relating to use of pharmaceutical agents by                                   
          optometrists."                                                                            
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Labor and Commerce Committees.                                                         
                                                                                                    
SB 198                                                                                            
SENATE BILL NO. 198 BY SENATOR SEEKINS, entitled:                                                   
                                                                                                    
              "An Act relating to recovery of civil damages by a                                   
              peace officer or firefighter; and providing for an                                   
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    

2003-04-25                     Senate Journal                      Page 0971
SB 199                                                                                            
SENATE BILL NO. 199 BY SENATOR DYSON, entitled:                                                     
                                                                                                    
             "An Act relating to medical services under the state                                  
          Medicaid program."                                                                        
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Judiciary Committees.                                                                  
                                                                                                    
SB 200                                                                                            
SENATE BILL NO. 200 BY SENATOR WILKEN, entitled:                                                    
                                                                                                    
            "An Act relating to school district cost factors; and                                  
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 151                                                                                            
SENATE BILL NO. 151 "An Act relating to the regulation of natural                                   
gas pipelines under the Pipeline Act" was read the second time.                                     
                                                                                                    
Senator Bunde, Chair, moved and asked unanimous consent for the                                     
adoption of the Labor and Commerce Committee Substitute offered on                                  
page 663. Senator Ellis objected, then withdrew his objection. There                                
being no further objections, CS FOR SENATE BILL NO. 151(L&C)                                        
"An Act relating to the regulation of natural gas pipelines under the                               
Pipeline Act; and providing for an effective date" was adopted.                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 151(L&C)                                         
will be on the April 28 calendar.                                                                   

2003-04-25                     Senate Journal                      Page 0972
                         Third Reading of House Bills                                            
                                                                                                    
HB 69                                                                                             
SENATE CS FOR HOUSE BILL NO. 69(RES) "An Act relating to                                            
regulation of shallow natural gas leasing and closely related energy                                
projects; and providing for an effective date" was read the third time.                             
                                                                                                    
Senators Lincoln, Elton, Hoffman, moved and asked unanimous                                         
consent to be shown as cross sponsors on the bill. Without objection, it                            
was so ordered.                                                                                     
                                                                                                    
Senator Ogan declared a conflict of interest.                                                       
                                                                                                    
The question being: "Shall SENATE CS FOR HOUSE BILL NO.                                             
69(RES) "An Act relating to regulation of shallow natural gas leasing                               
and closely related energy projects; and providing for an effective                                 
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
SCS HB 69(RES)                                                                                      
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G,                                       
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Nays:  Ellis                                                                                        
                                                                                                    
and so, SENATE CS FOR HOUSE BILL NO. 69(RES) passed the                                             
Senate.                                                                                             
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-25                     Senate Journal                      Page 0973
HB 140                                                                                            
SENATE CS FOR HOUSE BILL NO. 140(STA) "An Act relating to                                           
benefits for retired teachers or employees who participated in                                      
retirement incentive programs and are subsequently reemployed as a                                  
commissioner; and providing for an effective date" was read the third                               
time.                                                                                               
                                                                                                    
Senator Guess moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 1.                                    
Senator Ben Stevens objected. Senator Guess moved and asked                                         
unanimous consent to withdraw her motion. Without objection, it was                                 
so ordered.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR HOUSE BILL NO.                                             
140(STA) "An Act relating to benefits for retired teachers or                                       
employees who participated in retirement incentive programs and are                                 
subsequently reemployed as a commissioner; and providing for an                                     
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SCS HB 140(STA)                                                                                     
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Hoffman, Ogan, Seekins, Stevens B,                                    
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Green, Guess, Lincoln, Olson                                    
                                                                                                    
and so, SENATE CS FOR HOUSE BILL NO. 140(STA) passed the                                            
Senate.                                                                                             
                                                                                                    
Senator Ben Stevens moved the effective date clause. Senator Ellis                                  
objected.                                                                                           
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-25                     Senate Journal                      Page 0974
SCS HB 140(STA)                                                                                     
Effective Date Clause                                                                               
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the effective date clause failed.                                                           
                                                                                                    
Senator Wilken gave notice of reconsideration.                                                      
                                                                                                    
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SJR 16                                                                                            
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,                           
was read the second time.                                                                           
                                                                                                    
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 JOINT RESOLUTION NO. 16 was read the third time.                                             
                                                                                                    
Senators Wilken, Dyson, Cowdery, Taylor, Seekins, Wagoner, moved                                    
and asked unanimous consent to be shown as cosponsors on the                                        
resolution. Without objection, it was so ordered.                                                   
                                                                                                    
Senators Ben Stevens, Cowdery moved and asked unanimous consent                                     
to abstain from voting due to a conflict of interest. Objections were                               
heard and Senators Ben Stevens, Cowdery were required to vote.                                      
                                                                                                    
The question being: "Shall 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, pass the Senate?" The roll was taken with                            
the following result:                                                                               

2003-04-25                     Senate Journal                      Page 0975
                                                                                                    
SJR 16                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  15   NAYS:  4   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, French, Green, Hoffman, Ogan,                                         
Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner,                                  
Wilken                                                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, Lincoln                                                                 
                                                                                                    
Absent:  Guess                                                                                      
                                                                                                    
and so, SENATE JOINT RESOLUTION NO. 16 passed the Senate.                                           
                                                                                                    
Senator Elton gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Matthew Van Daele, Veterans of Foreign Wars, Voice of                                    
Democracy Alaska Department Winner                                                                  
Representative(s) Ogg                                                                               
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens,                                  
Taylor, Wilken                                                                                      
                                                                                                    
                                             rd                                                     
Honoring - Elmendorf Air Force Base 3 Services Squadron                                             
Representative(s) Dahlstrom                                                                         
Senator(s) Dyson, Therriault, Bunde, Cowdery, Davis, Ellis, Elton,                                  
Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wilken                                                                             
                                                                                                    
Honoring - Ed Blahous                                                                               
Representative(s) Dahlstrom, Stoltze                                                                
Senator(s) Dyson, Ogan, Therriault, Bunde, Cowdery, Davis, Elton,                                   
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary                                   
Stevens, Taylor, Wilken                                                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-25                     Senate Journal                      Page 0976
Commemorating - National Be Kind to Animals Week, May 4 - 10,                                       
2003                                                                                                
Representative(s) Meyer                                                                             
Senator(s) Cowdery, Therriault, Bunde, Davis, Dyson, Ellis, Elton,                                  
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary                                   
Stevens, Taylor, Wilken                                                                             
                                                                                                    
In Memoriam - Toby Gamble                                                                           
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Ellis, Elton,                                  
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.                                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
following citation be made a special order of business. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                          Special Order of Business                                              
                                                                                                    
Honoring - Senator Lisa Murkowski                                                                   
Representative(s) Kerttula                                                                          
Senator(s) Guess, Therriault, Cowdery, Davis, Dyson, Elton, Green,                                  
Hoffman, Lincoln, Seekins, Ben Stevens, Gary Stevens, Taylor,                                       
Wilken                                                                                              
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citation be adopted. Without objection, the citation was adopted and                                
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
SB 147                                                                                            
Senators Wilken, Taylor, Seekins, Wagoner, Dyson, Bunde, Cowdery,                                   
Ogan, Olson, Ben Stevens, moved and asked unanimous consent to be                                   
shown as cosponsors on SENATE BILL NO. 147 "An Act relating to                                      
control of nuisance wild animals; and providing for an effective date."                             
Without objection, it was so ordered.                                                               

2003-04-25                     Senate Journal                      Page 0977
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., April 28, 2003. Without                               
objection, the Senate adjourned at 6:02 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2003                       

2003-04-25                     Senate Journal                      Page 0978
                                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 25        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 28        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 30        Wednesday                    Fahrenkamp 203             1:30 PM                     
+ SB 183 MUNICIPAL ECONOMIC DEVELOPMENT                                                             
                                                                                                    
May 02        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 25        Friday                    Senate Finance 532            9:00 AM                     
= SB  35 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= SB  36 APPROP:MENTAL HEALTH BUDGET                                                                
= HB  76 APPROP:MENTAL HEALTH BUDGET                                                                
              <No Public Testimony>                                                                 
              <Testimony by Invitation Only>                                                        
     SB  53 REVOKE DRIVER'S LIC. FOR FATAL ACCIDENT                                                 
     SB 157 INPATIENT PSYCHIATRIC SERVICES                                                          
= SB  65 CORRECTIONAL FACILITY EXPANSION                                                            
              Bills Previously Heard/Scheduled                                                      
                                                                                                    

2003-04-25                     Senate Journal                      Page 0979
                             FINANCE (continued)                                                 
                                                                                                    
Apr 28        Monday                    Senate Finance 532            9:00 AM                     
= HB  59 CLEANUP OF ILLEGAL DRUG SITES                                                              
= SB 173 SCIENCE & TECH FOUNDATION/BIDCO/INT.TRADE                                                  
     HB  11 DEPOSITS TO THE PERMANENT FUND                                                          
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 29        Tuesday                   Senate Finance 532            9:00 AM                     
= SB  65 CORRECTIONAL FACILITY EXPANSION                                                            
     HB 187 EXTEND BOARD OF STORAGE TANK ASSISTANCE                                                 
     SB 146 COMMEMORATIVE VETERANS LICENSE PLATE                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Wednesday                 Senate Finance 532            9:00 AM                     
     SB 117 ELIMINATING LONGEVITY BONUS PROGRAM                                                     
              <No Public Testimony>                                                                 
              <Testimony by Invitation Only>                                                        
= HB 112 AIDEA : BONDS & MUNICIPAL TAX EXEMPTION                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Wednesday                 Senate Finance 532            5:30 PM                     
              -- Time Change --                                                                     
+= SB 117 ELIMINATING LONGEVITY BONUS PROGRAM                                                       
              <Public Testimony>                                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 01        Thursday                  Senate Finance 532            9:00 AM                     
= SB  72 EXTEND REGULATORY COMMISSION OF ALASKA                                                     
     SB 180 SAFETY CODE TASK FORCE                                                                  
= SB 148 PFD: ALLOWABLE ABSENCE FOR MILITARY SVC                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 02        Friday                    Senate Finance 532            9:00 AM                     
= SB 100 APPROP: CAPITAL PROJECTS                                                                   
              <No Public Testimony>                                                                 
              <Testimony by Invitation Only>                                                        
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 02        Friday                    Senate Finance 532            4:00 PM                     
              -- Time Change --                                                                     
+= SB 100 APPROP: CAPITAL PROJECTS                                                                  
              <Public Testimony>                                                                    
              Bills Previously Heard/Scheduled                                                      

2003-04-25                     Senate Journal                      Page 0980
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 28        Monday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 30        Wednesday                       Butrovich 205           1:30 PM                     
+= SCR 10 CHARTER SCHOOL TASK FORCE                                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 02        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 25        Friday                                Beltz 211         1:00 PM                     
+ SB   8 TAMPERING WITH PUBLIC RECORDS                                                              
+ SB  55 TAMPERING WITH PUBLIC RECORDS                                                              
+ SB 161 MONOPOLY AND RESTRAINT OF TRADE ACTIONS                                                    
+ SB 171 SUITS & CLAIMS: MILITARY/FIRE/DEFENSE                                                      
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 28        Monday                                Beltz 211         1:00 PM                     
+ HB  52 SEX CRIME AND PORNOGRAPHY FORFEITURES                                                      
+ SB  22 CRIME VICTIMS' COMP.:SEXUAL ABUSE/ASSAULT                                                  
+ HB   2 CIVIL STATUTE OF LIMITATIONS/SEX OFFENSES                                                  
+ SB  85 REPEAT SERIOUS SEX OFFENSES                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Wednesday                             Beltz 211         1:00 PM                     
+ SB 160 CIVIL LIABILITY FOR DEFIBRILLATOR USE                                                      
+ HB  34 REPEAL SUNSET OF NEGOTIATED REG.MAKING                                                     
+ SB 152 CONCEALED HANDGUNS                                                                         
+ HB 249 RESTRAINT OF TRADE: ATTY FEES AND COSTS                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 02        Friday                                Beltz 211         1:00 PM                     
+ HB 114 ISSUANCE OF SEARCH WARRANTS                                                                
+ HB  49 EXPAND DNA DATABASE                                                                        
+ SB  30 ABORTION: INFORMED CONSENT; INFORMATION                                                    
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    

2003-04-25                     Senate Journal                      Page 0981
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 29        Tuesday                               Beltz 211         1:30 PM                     
+ SB 175 LIABILITY:RECREATIONAL ACTIVITY/BOATS/AIR                                                  
+ SB 176 CIVIL LIABILITY FOR LIVESTOCK ACTIVITIES                                                   
+ HB 214 PUNITIVE DAMAGES AGAINST EMPLOYERS                                                         
+ HB 184 INDIVIDUAL DEFERRED ANNUITIES                                                              
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 01        Thursday                              Beltz 211         1:30 PM                     
+= SB  13 INSURANCE DISCRIMINATION BY CREDIT RATING                                                 
+ SB 186 CHARITABLE GAMING/ELECTRONIC GAMING                                                        
+ SB 178 STATE LOTTERY                                                                              
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Apr 25        Friday                          Butrovich 205           3:30 PM                     
              <Meeting will be 3:30 - 4:30 only>                                                    
+= SB 143 COASTAL MANAGEMENT PROGRAMS                                                               
     SB  88 FOREST RESOURCES & PRACTICES STANDARDS                                                  
              <Bill Hearing Postponed to 4/28/03>                                                   
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 28        Monday                          Butrovich 205           3:30 PM                     
+= SB  88 FOREST RESOURCES & PRACTICES STANDARDS                                                    
              <Bill Hearing Rescheduled from 4/25/03>                                               
+ SB  56 SPORT FISHING FEES FOR YUKON RESIDENTS                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Wednesday                       Butrovich 205           3:30 PM                     
+ SB 155 HUNTING SAME DAY AIRBORNE                                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 02        Friday                          Butrovich 205           3:30 PM                     
+ SB 149 REPEAL CERTAIN TIMBER SALE REQUIREMENTS                                                    
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-25                     Senate Journal                      Page 0982
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 29        Tuesday                               Beltz 211         3:30 PM                     
+ HB  14 PERMANENT FUND ALLOWABLE ABSENCES                                                          
     HB  45 SECOND VERSE OF ALASKA'S STATE SONG                                                     
     HCR  7 UNIFORM RULES: EXECUTIVE SESSIONS                                                       
     SB 145 REEMPLOYMENT OF RETIRED TEACHERS                                                        
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 01        Thursday                              Beltz 211         3:30 PM                     
+ SJR 18 CONST. AM: PF APPROPS/INFLATION-PROOFING                                                   
+ SB 195 CERTIFICATES OF PARTICIPATION FOR JAILS                                                    
              Bills Previously Heard/Scheduled                                                      
     HB 127 ROADSIDE MEMORIALS                                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 29        Tuesday                         Butrovich 205           1:30 PM                     
+= SB 125 STATE CONTRACTS                                                                           
+= HB  81 MOTOR VEHICLE EMISSIONS INSPECTION                                                        
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 01        Thursday                        Butrovich 205           1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Apr 29        Tuesday                      Terry Miller 104           8:00 AM                     
              -- Location Change --                                                                 
              Audits and Other Committee Business                                                   
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
May 02        Friday                             Capitol 208         12:00 PM                     
              Information Technology Subcommittee                                                   
              Information Technology & Alaska's Future                                              
                   ----------------------------------------                                        

2003-04-25                     Senate Journal                      Page 0983
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Apr 29        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             How Child Abuse is Being Addressed:                                                   
              AK Children's Alliance and Children's                                                 
              Advocacy Center Working Group                                                         
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Apr 25        Friday                       House Chamber            11:00 AM                      
              Address by U.S. Senator Lisa Murkowski