Legislature(2003 - 2004)

2003-04-30 Senate Journal

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2003-04-30                     Senate Journal                      Page 1041
                                                                                                    
                        SENATE JOURNAL                                                            
                                                                                                    
                  ALASKA STATE LEGISLATURE                                                        
                                                                                                    
         TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                                
                                                                                                    
Juneau, Alaska                   Wednesday                   April 30, 2003                       
                                                                                                    
                            One Hundredth Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:29 a.m.                                                                            
                                                                                                    
The roll showed nineteen members present. Senator Davis was                                         
excused from a call of the Senate.                                                                  
                                                                                                    
The prayer was offered by the Chaplain, Dr. Ken Friendly of the                                     
Lighthouse Christian Fellowship, Anchorage. Senator Hoffman                                         
moved and asked unanimous consent that the prayer be spread.                                        
Without objection, it was so ordered.                                                               
                                                                                                    
         Father, I pray and bring before You this morning the                                       
         men and women of this Senate, and I pray, Father,                                          
         that Your spirit would rest upon them in a very, very                                      
         special way. May You grant them skillful and Godly                                         
         wisdom. May it fill their hearts, enabling them to                                         
         think clearly and to decide decisively. May they                                           
         have the insight for each challenge that lies before                                       
         them today, and for how to vote for each crucial                                           
         piece of legislation that comes before them. May                                           
         these hours of discussion and debate bring exposure                                        
         to truth and resolution. And then, finally, Father, I                                      
         ask that You would bless these men and women with                                          
         a measure of strength for the demanding schedule                                           
         that they must keep here and for the schedule for                                          
         their personal commitments that they have made to                                          
           those they love. We pray that in Jesus' name.  Amen.                                    
                                                                                                    
Senator Ogan led the Senate in the Pledge of Allegiance.                                            
                                                                                                    
                                                                                                    

2003-04-30                     Senate Journal                      Page 1042
                              Certification                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the ninety-ninth legislative day be approved as certified                               
by the Secretary. Without objection, it was so ordered.                                             
                                                                                                    
                                                                                                    
                     Messages from the Governor                                                   
                                                                                                    
SB 74                                                                                             
Message dated and received April 29 was read, stating the Governor                                  
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
         CS FOR SENATE BILL NO. 74(RES) am "An                                                      
         Act extending the renewal period for oil discharge                                         
         prevention and contingency plans; and providing                                            
         for an effective date."                                                                    
                                                                                                    
                         Chapter 12, SLA 2003                                                       
                     Effective Date: April 30, 2003                                                 
                                                                                                    
                                                                                                    
                       Messages from the House                                                    
                                                                                                    
Message dated April 29 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
            First Reading and Reference of House Bills                                            
                                                                                                    
HB 203                                                                                            
HOUSE BILL NO. 203 BY THE HOUSE FINANCE                                                             
COMMITTEE, entitled:                                                                                
                                                                                                    
         "An Act relating to the definitions of 'net income'                                        
         and 'unrestricted net income' for purposes of                                              
         calculating the dividends to be paid to the state by                                       
         the Alaska Industrial Development and Export                                               
         Authority; and providing for an effective date."                                           
                                                                                                    

2003-04-30                     Senate Journal                      Page 1043
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 212                                                                                            
CS FOR HOUSE BILL NO. 212(JUD) BY THE HOUSE                                                         
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
         "An Act relating to trusts, including trust                                                
         protectors, trustee advisors, transfers of property in                                     
         trust, and transfers of trust interests, and to                                            
         creditors' claims against property subject to a                                            
         power of appointment."                                                                     
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 224                                                                                            
HOUSE BILL NO. 224 BY THE HOUSE RULES COMMITTEE                                                     
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
         "An Act relating to a tobacco product                                                      
         manufacturer's compliance with certain statutory                                           
         requirements regarding cigarette sales; and                                                
         providing for an effective date."                                                          
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 248                                                                                            
HOUSE BILL NO. 248 BY THE HOUSE RULES COMMITTEE                                                     
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
         "An Act relating to the annual salary of the chief                                         
         procurement officer; and providing for an effective                                        
         date."                                                                                     
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-30                     Senate Journal                      Page 1044
                    Standing Committee Reports                                                    
                                                                                                    
SB 114                                                                                            
The Labor and Commerce Committee considered SENATE BILL                                             
NO. 114 "An Act increasing the fee for a state business license; and                                
providing for an effective date" and recommended it be replaced                                     
with                                                                                                
                                                                                                    
         CS FOR SENATE BILL NO. 114(L&C) "An Act                                                    
         relating to the fee for a state business license; and                                      
         providing for an effective date."                                                          
                                                                                                    
Signing do pass: Senator Bunde, Chair; Senator Seekins. Signing no                                  
recommendation: Senator French. Signing amend: Senator Gary                                         
Stevens.                                                                                            
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 125                                                                                            
The Transportation Committee considered SENATE BILL NO. 125                                         
"An Act relating to protests of state contract awards, to claims on                                 
state contracts and to hearings under the State Procurement Code;                                   
making conforming amendments in the State Procurement Code;                                         
and providing for an effective date" and recommended it be                                          
replaced with                                                                                       
                                                                                                    
         CS FOR SENATE BILL NO. 125(TRA) "An Act                                                    
         relating to protests of state contract awards, to                                          
         claims on state contracts, to the arbitration of                                           
         certain state construction contract claims, and to                                         
         hearings and appeals under the State Procurement                                           
         Code; making conforming amendments in the                                                  
         State Procurement Code; and providing for an                                               
         effective date."                                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-30                     Senate Journal                      Page 1045
Signing do pass: Senator Cowdery, Chair; Senator Wagoner.                                           
Signing no recommendation: Senators Olson, Therriault.                                              
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the State Affairs Committee.                                               
                                                                                                    
SB 142                                                                                            
The Finance Committee considered SENATE BILL NO. 142 "An                                            
Act designating the Department of Natural Resources as lead                                         
agency for resource development projects; making conforming                                         
amendments; 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 Natural Resources                                                 
 Fiscal Note No. 2, zero, Department of Environmental                                               
 Conservation                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 146                                                                                            
The Finance Committee considered SENATE BILL NO. 146 "An                                            
Act relating to a commemorative veterans' license plate; and                                        
providing for an effective date." Signing do pass: Senator Wilken,                                  
Cochair; Senators Taylor, Olson. Signing no recommendation:                                         
Senator Green, Cochair; Senator Bunde.                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Administration                                                    
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 175                                                                                            
The Labor and Commerce Committee considered SENATE BILL                                             
NO. 175 "An Act relating to civil liability for commercial                                          
recreational activities and for guest passengers on an aircraft or                                  
watercraft; and providing for an effective date" and recommended it                                 
be replaced with                                                                                    

2003-04-30                     Senate Journal                      Page 1046
         CS FOR SENATE BILL NO. 175(L&C) "An Act                                                    
         relating to civil liability for inherent risks in sports                                   
         or recreational activities; and providing for an                                           
         effective date."                                                                           
                                                                                                    
Signing do pass: Senator Bunde, Chair; Senators Seekins, Gary                                       
Stevens. Signing no recommendation: Senator French.                                                 
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SB 176                                                                                            
The Labor and Commerce Committee considered SENATE BILL                                             
NO. 176 "An Act relating to civil liability for injuries or death                                   
resulting from livestock activities." Signing do pass: Senator Bunde,                               
Chair; Senators Seekins, Gary Stevens. Signing no                                                   
recommendation: Senator French.                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SB 180                                                                                            
Forthcoming fiscal information (page 967) for the Labor and                                         
Commerce Committee Substitute for SENATE BILL NO. 180 "An                                           
Act establishing the Safety Code Task Force; and providing for an                                   
effective date" published today:                                                                    
 Fiscal Note No. 2, zero, Department of Community and                                               
  Economic Development                                                                              
 Fiscal Note No. 3, zero, Department of Labor and                                                   
  Workforce Development                                                                             
 Fiscal Note No. 4, Department of Public Safety                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-30                     Senate Journal                      Page 1047
HB 59                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
59(FIN) am "An Act relating to the evaluation and cleanup of sites                                  
where certain controlled substances may have been manufactured or                                   
stored; and providing for an effective date" and recommended it be                                  
replaced with                                                                                       
                                                                                                    
         SENATE CS FOR CS FOR HOUSE BILL NO.                                                        
         59(FIN)                                                                                    
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators                                         
Hoffman, Bunde, Ben Stevens, Taylor.                                                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Public Safety                                               
 Fiscal Note No. 3, Department of Environmental                                                     
 Conservation                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 81                                                                                             
The Transportation Committee considered CS FOR HOUSE BILL                                           
NO. 81(STA) "An Act relating to motor vehicle emissions and to                                      
inspection decals and fines relating to motor vehicle emissions; and                                
providing for an effective date." Signing do pass: Senator Cowdery,                                 
Chair; Senator Wagoner. Signing no recommendation: Senator                                          
Olson.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the State Affairs Committee.                                               
                                                                                                    
                                                                                                    
             Introduction and Reference of Senate Bills                                           
                                                                                                    
SB 206                                                                                            
SENATE BILL NO. 206 BY THE SENATE JUDICIARY                                                         
COMMITTEE, entitled:                                                                                
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-30                     Senate Journal                      Page 1048
         "An Act relating to an exemption for specialty                                             
         contractors under the laws regulating architects,                                          
         engineers, land surveyors, and landscape                                                   
         architects."                                                                               
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    
SB 207                                                                                            
SENATE BILL NO. 207 BY SENATOR SEEKINS, entitled:                                                   
                                                                                                    
         "An Act relating to terms and duties of the                                                
         members of the State Board of Registration for                                             
         Architects, Engineers and Land Surveyors."                                                 
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    
SB 208                                                                                            
SENATE BILL NO. 208 BY SENATOR DYSON, entitled:                                                     
                                                                                                    
         "An Act establishing the wage option program for                                           
         on-the-job training while unemployed."                                                     
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
SB 209                                                                                            
SENATE BILL NO. 209 BY SENATORS BEN STEVENS,                                                        
Therriault, entitled:                                                                               
                                                                                                    
         "An Act relating to pilotage of certain foreign                                            
         pleasure craft."                                                                           
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-30                     Senate Journal                      Page 1049
                    Consideration of the Calendar                                                 
                                                                                                    
                    Second Reading of Senate Bills                                                
                                                                                                    
SB 53                                                                                             
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" was read the second time.                                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
bill be considered engrossed, advanced to third reading and placed                                  
on final passage. Without objection, it was so ordered.                                             
                                                                                                    
SENATE BILL NO. 53 was read the third time.                                                         
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was                                     
taken with the following result:                                                                    
                                                                                                    
SB 53                                                                                               
Third Reading - Final Passage                                                                       
Effective Date - Court Rules                                                                        
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G,                                       
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
and so, SENATE BILL NO. 53 passed the Senate.                                                       
                                                                                                    
                                                                                                    

2003-04-30                     Senate Journal                      Page 1050
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 Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the court                                 
rule changes. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
SB 98                                                                                             
SENATE BILL NO. 98 "An Act relating to civil liability for guest                                    
passengers on an aircraft or watercraft; and providing for an                                       
effective date" was read the second time.                                                           
                                                                                                    
Senator Cowdery, Chair, moved and asked unanimous consent for                                       
the adoption of the Transportation Committee Substitute offered on                                  
page 762. Senator Ellis objected, then withdrew his objection.                                      
Senator Taylor objected, then withdrew his objection. There being                                   
no further objections, CS FOR SENATE BILL NO. 98(TRA) "An                                           
Act relating to civil liability for boat owners and to civil liability for                          
guest passengers on an aircraft or watercraft; 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. 98(TRA)                                          
will be on the May 1 calendar.                                                                      
                                                                                                    
                                                                                                    
                    Second Reading of House Bills                                                 
                                                                                                    
HB 23                                                                                             
CS FOR HOUSE BILL NO. 23(JUD) "An Act relating to court-                                            
ordered restitution and compensation following a criminal                                           
conviction" was read the second time.                                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
bill be advanced to third reading and placed on final passage.                                      
Senator Ellis objected.                                                                             
                                                                                                    

2003-04-30                     Senate Journal                      Page 1051
President Therriault stated CS FOR HOUSE BILL NO. 23(JUD)                                           
will be on the May 1 calendar.                                                                      
                                                                                                    
                                                                                                    
                    Third Reading of Senate Bills                                                 
                                                                                                    
SB 147                                                                                            
SENATE BILL NO. 147 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 147 "An Act                                              
relating to control of nuisance wild animals; and providing for an                                  
effective date" pass the Senate?" The roll was taken with the                                       
following result:                                                                                   
                                                                                                    
SB 147                                                                                              
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Seekins, Stevens B, Stevens G, Taylor,                                      
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
Absent:  Olson                                                                                      
                                                                                                    
and so, SENATE BILL NO. 147 passed the Senate.                                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the                                       
effective date clauses. Without objection, it was so ordered.                                       
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
SB 157                                                                                            
CS FOR SENATE BILL NO. 157(HES) was read the third time.                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-30                     Senate Journal                      Page 1052
The question being: "Shall CS FOR SENATE BILL NO. 157(HES)                                          
"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" pass the Senate?" The roll was taken with the                                      
following result:                                                                                   
                                                                                                    
CSSB 157(HES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, French, Green, Guess,                                          
Hoffman, Lincoln, Ogan, Seekins, Stevens B, Stevens G, Taylor,                                      
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
Absent:  Bunde, Olson                                                                               
                                                                                                    
and so, CS FOR SENATE BILL NO. 157(HES) passed the Senate                                           
and was referred to the Secretary for engrossment.                                                  
                                                                                                    
                                                                                                    
                                Citations                                                         
                                                                                                    
Honoring - Travis Clark, Eagle Scout                                                                
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson,                                         
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                           
Stevens, Gary Stevens, Taylor, Wilken                                                               
                                                                                                    
Honoring - Beta Sigma Phi                                                                           
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson,                                         
Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wilken                                                                             
                                                                                                    
Honoring - Kyle Russell                                                                             
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson,                                         
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                           
Stevens, Gary Stevens, Taylor, Wilken                                                               
                                                                                                    

2003-04-30                     Senate Journal                      Page 1053
Honoring - Aaron Bruce, Eagle Scout                                                                 
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson,                                         
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                           
Stevens, Gary Stevens, Taylor, Wilken                                                               
                                                                                                    
Honoring - Kevin Shaw, Eagle Scout                                                                  
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson,                                         
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                           
Stevens, Gary Stevens, Taylor, Wilken                                                               
                                                                                                    
In Memoriam - Andres Aquino Cadiente, Sr.                                                           
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson,                                         
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                           
Stevens, Gary Stevens, Taylor, Wilken                                                               
                                                                                                    
In Memoriam - Dora O. Uluktluk Mulch                                                                
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis,                                         
Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson,                                          
Seekins, Ben Stevens, Taylor, Wilken                                                                
                                                                                                    
In Memoriam - George "Bud" Danby                                                                    
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis,                                         
Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben                                    
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.                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-30                     Senate Journal                      Page 1054
                      Special Order of Business                                                   
                                                                                                    
In Memoriam - Captain Eric Bruce Das                                                                
Senator(s) Cowdery, Therriault, Bunde, Davis, Dyson, Ellis, Elton,                                  
French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins,                                       
Ben Stevens, Gary Stevens, Taylor, Wagoner, 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                                                     
                                                                                                    
HB 140                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate rescind its action in failing to adopt the effective date clause                             
on SENATE CS FOR HOUSE BILL NO. 140(STA)(efd fld S).                                                
Senator Ellis objected.                                                                             
                                                                                                    
The question being: "Shall the Senate rescind its action in failing to                              
adopt the effective date clause on SENATE CS FOR HOUSE BILL                                         
NO. 140(STA)(efd fld S) "An Act relating to benefits for retired                                    
teachers or employees who participated in retirement incentive                                      
programs and are subsequently reemployed as a commissioner"?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
SCS HB 140(STA)(efd fld S)                                                                          
Rescind previous action failing to                                                                  
adopt effective date clause?                                                                        
                                                                                                    
YEAS:  12   NAYS:  6   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Hoffman, Lincoln                                                
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
Absent:  Olson                                                                                      
                                                                                                    
and so, the Senate failed to rescind its action in failing to adopt the                             
effective date clause.                                                                              

2003-04-30                     Senate Journal                      Page 1055
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate rescind its action in passing SENATE CS FOR HOUSE                                            
BILL NO. 140(STA)(efd fld S). Senator Ellis objected.                                               
                                                                                                    
The question being: "Shall the Senate rescind its action in passing                                 
SENATE CS FOR HOUSE BILL NO. 140(STA)(efd fld S) "An                                                
Act relating to benefits for retired teachers or employees who                                      
participated in retirement incentive programs and are subsequently                                  
reemployed as a commissioner"?" The roll was taken with the                                         
following result:                                                                                   
                                                                                                    
SCS HB 140(STA)(efd fld S)                                                                          
Rescind previous action in passing?                                                                 
                                                                                                    
YEAS:  12   NAYS:  6   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Hoffman, Lincoln                                                
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
Absent:  Olson                                                                                      
                                                                                                    
and so, the Senate rescinded its action in passing SENATE CS FOR                                    
HOUSE BILL NO. 140(STA)(efd fld S).                                                                 
                                                                                                    
SENATE CS FOR HOUSE BILL NO. 140(STA)(efd fld S) was                                                
before the Senate in third reading.                                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
bill be returned to second reading for the purpose of a specific                                    
amendment, that being Amendment No. 1. Senator Ellis objected.                                      
                                                                                                    
                                                                                                    
                                  Recess                                                          
                                                                                                    
President Therriault stated the Senate would stand in recess to 12:45                               
p.m. Without objection, the Senate recessed at 12:34 p.m.                                           
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-30                     Senate Journal                      Page 1056
                              After Recess                                                        
                                                                                                    
                   Unfinished Business (continued)                                                
                                                                                                    
The Senate reconvened at 1:16 p.m.                                                                  
                                                                                                    
HB 140                                                                                            
Senator Ellis withdrew his objection to the motion to return to                                     
second reading for the purpose of a specific amendment, that being                                  
Amendment No. 1. There being no further objections, the bill was                                    
returned to second reading.                                                                         
                                                                                                    
Senator Ben Stevens offered Amendment No. 1:                                                        
                                                                                                    
Page 3, following line 21:                                                                          
         Insert a new bill section to read:                                                         
   "* Sec. 7.  The uncodified law of the State of Alaska is amended                               
by adding a new section to read:                                                                    
         RETROSPECTIVE EFFECT.  This Act is retrospective to                                        
May 1, 2003."                                                                                       
                                                                                                    
Senator Ben Stevens moved for the adoption of Amendment No. 1.                                      
Senator Ellis objected.                                                                             
                                                                                                    
Senators Wilken, Cowdery, Ogan, Bunde, Green, Dyson, Gary                                           
Stevens, Wagoner, Seekins, Therriault, moved and asked                                              
unanimous consent to be shown as cosponsors on Amendment No.                                        
1. Without objection, it was so ordered.                                                            
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS HB 140(STA)(efd fld S)                                                                          
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                         
                                                                                                    
Excused:  Davis                                                                                     

2003-04-30                     Senate Journal                      Page 1057
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
SENATE CS FOR HOUSE BILL NO. 140(STA) am S(efd fld S)                                               
was automatically in third reading.                                                                 
                                                                                                    
The question being: "Shall SENATE CS FOR HOUSE BILL NO.                                             
140(STA) am S(efd fld S) "An Act relating to benefits for retired                                   
teachers or employees who participated in retirement incentive                                      
programs and are subsequently reemployed as a commissioner" pass                                    
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
SCS HB 140(STA) am S(efd fld S)                                                                     
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  14   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Olson,                                          
Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner,                                         
Wilken                                                                                              
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Lincoln                                                         
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
and so, SENATE CS FOR HOUSE BILL NO. 140(STA) am S(efd                                              
fld S) passed the Senate and was referred to the Secretary for                                      
engrossment.                                                                                        
                                                                                                    
HB 75                                                                                             
In the event a Conference Committee is required on 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                                                                                
                                                                                                    
         SENATE CS FOR CS FOR SPONSOR                                                               
         SUBSTITUTE FOR HOUSE BILL NO.                                                              
         75(FIN)(brf sup maj fld S) "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."                                                                    

2003-04-30                     Senate Journal                      Page 1058
President Therriault appointed the following members to meet with                                   
a like committee from the House:                                                                    
                                                                                                    
     Senator Wilken                                                                                 
     Senator Green                                                                                  
     Senator Hoffman                                                                                
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
HB 76                                                                                             
In the event a Conference Committee is required on 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                                                               
                                                                                                    
         SENATE CS FOR CS FOR SPONSOR                                                               
         SUBSTITUTE FOR HOUSE BILL NO. 76(FIN)                                                      
         am S "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,"                                                      
                                                                                                    
President Therriault appointed the following members to meet with                                   
a like committee from the House:                                                                    
                                                                                                    
     Senator Wilken                                                                                 
     Senator Green                                                                                  
 Senator Hoffman                                                                                    
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                            Announcements                                                         
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-30                     Senate Journal                      Page 1059
                              Engrossment                                                         
                                                                                                    
SB 53                                                                                             
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" was engrossed, signed by the President and Secretary and                                      
transmitted to the House for consideration.                                                         
                                                                                                    
SB 157                                                                                            
CS FOR SENATE BILL NO. 157(HES) "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" was                                        
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
HB 140                                                                                            
SENATE CS FOR HOUSE BILL NO. 140(STA) am S(efd fld S)                                               
"An Act relating to benefits for retired teachers or employees who                                  
participated in retirement incentive programs and are subsequently                                  
reemployed as a commissioner" was engrossed, signed by the                                          
President and Secretary and returned to the House for consideration.                                
                                                                                                    
                                                                                                    
                              Adjournment                                                         
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., May 1, 2003. Without                                  
objection, the Senate adjourned at 1:40 p.m.                                                        
                                                                                                    
                                                            Kirsten Waid                            
                                                  Secretary of the Senate                           
                                                                                                    
                                                               April 2003                           

2003-04-30                     Senate Journal                      Page 1060
                            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 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 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                                                    
= SB 142 DNR LEAD RESOURCE DEVELOPMENT PROJECTS                                                     
              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                      
                                                                                                    
                        FINANCE (continued)                                                       
                                                                                                    

2003-04-30                     Senate Journal                      Page 1061
= 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                                                                  
              <Teleconference on above Bill>                                                        
              *** Public Testimony ***                                                              
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 02        Friday                    Senate Finance 532           4:00 PM                      
              -- Time Change --                                                                     
= SB 100 APPROP: CAPITAL PROJECTS                                                                   
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                         
                                                                                                    
        HEALTH, EDUCATION & SOCIAL SERVICES                                                       
                                                                                                    
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 30        Wednesday                            Beltz 211         1:45 PM                      
              -- Time Change --                                                                     
+ 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                                                      
                                                                                                    
                       JUDICIARY (continued)                                                      
                                                                                                    
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                                                    

2003-04-30                     Senate Journal                      Page 1062
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                         
                                                                                                    
                      LABOR & COMMERCE                                                            
                                                                                                    
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 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                                                      
                   ----------------------------------------                                         
                                                                                                    
                           STATE AFFAIRS                                                          
                                                                                                    
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                                                           
                                                                                                    
May 01        Thursday                       Butrovich 205           1:30 PM                      
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                         
                                                                                                    
                       JOINT COMMITTEES                                                           
                                                                                                    
                     LEGISLATIVE COUNCIL                                                          
                                                                                                    

2003-04-30                     Senate Journal                      Page 1063
May 02        Friday                            Capitol 208         12:00 PM                      
              Information Technology Subcommittee                                                   
              Information Technology & Alaska's Future