Legislature(2003 - 2004)

2003-05-02 Senate Journal

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2003-05-02                     Senate Journal                      Page 1095
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                      Friday                       May 2, 2003                      
                                                                                                    
                            One Hundred Second Day                                               
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:26 a.m.                                                                            
                                                                                                    
The roll showed eighteen members present. Senator Davis was                                         
excused from a call of the Senate. Senator Taylor was absent.                                       
                                                                                                    
The prayer was offered by the Chaplain, Reverend C. Ronald Covey                                    
of the Douglas Community United Methodist Church. Senator                                           
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
       Mr. President, Honorable Senators, members of the                                            
       staff, distinguished guests and visitors, with the deepest                                   
       respect for the diversity of faith traditions in our great                                   
       state, let us take this moment for prayer and reflection.                                    
                                                                                                    
       Creating Spirit, we come to the end of another busy                                          
       week. We thank You for the men and women of this                                             
       Senate. While others have been enjoying the beautiful                                        
       weather, they have kept at their tasks and done their                                        
       best to fulfill their responsibilities. Grant them, we                                       
       pray, O Spirit, a little quiet time each day. Help them to                                   
       recreate their inmost being. Let them draw strength                                          
       from Mother Earth and Father Sky; let them draw love                                         
       and encouragement from family, from friends and from                                         
       constituents; let them rediscover and renew the joy of                                       
       service to our great land and its people that first led                                      
       them to this calling. Refresh and strengthen them with                                       
       Your presence now, O Spirit, not only for this session,                                      
       but for all that are to come.                                   Amen.                        
                                                                                                    

2003-05-02                     Senate Journal                      Page 1096
Senator Seekins led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred first legislative day be approved as                                    
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HB 140                                                                                            
Message dated May 1 was read, stating the House concurred in the                                    
Senate amendment to HOUSE BILL NO. 140(efd fld) thus adopting:                                      
                                                                                                    
          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."                                                                       
                                                                                                    
SB 120                                                                                            
Message dated May 1 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE BILL NO. 120 "An Act relating to the                                               
          state's sovereign immunity for certain actions                                            
          regarding injury, illness, or death of state-employed                                     
          seamen and to workers' compensation coverage for                                          
          those seamen; and providing for an effective date."                                       
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                               Recede Messages                                                   
                                                                                                    
HB 69                                                                                             
Message dated May 1 was read, stating the House failed to concur in                                 
the Senate amendment to HOUSE BILL NO. 69 and respectfully                                          
requests the Senate to recede from its amendment, namely:                                           

2003-05-02                     Senate Journal                      Page 1097
          SENATE CS FOR HOUSE BILL NO. 69(RES) "An                                                  
          Act relating to regulation of shallow natural gas                                         
          leasing and closely related energy projects; and                                          
          providing for an effective date."                                                         
                                                                                                    
Message dated May 2 was read, stating the House respectfully                                        
requests the return of HOUSE BILL NO. 69 and SENATE CS FOR                                          
HOUSE BILL NO. 69.                                                                                  
                                                                                                    
President Therriault stated that, without objection, the bill would be                              
returned to the House.                                                                              
                                                                                                    
Message dated May 1 was read, stating the House passed and                                          
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 61                                                                                             
CS FOR HOUSE BILL NO. 61(FIN) BY THE HOUSE FINANCE                                                  
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act establishing an exploration and development                                       
          incentive tax credit for operators and working interest                                   
          owners directly engaged in the exploration for and                                        
          development of gas for sale and delivery without                                          
          reference to volume from a lease or property in the                                       
          state; and providing for an effective date."                                              
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
HB 102                                                                                            
CS FOR HOUSE BILL NO. 102(STA) BY THE HOUSE STATE                                                   
AFFAIRS COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to concealed deadly weapons."                                            
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1098
HB 105                                                                                            
CS FOR HOUSE BILL NO. 105(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to loans to satisfy past due federal                                     
          tax obligations of commercial fishermen and to the                                        
          commercial fishing loan program."                                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 266                                                                                            
CS FOR HOUSE BILL NO. 266(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to questioned ballots and questioned                                     
          voters, voter registration, training of election                                          
          officials, preparation of election materials, provision                                   
          of election materials, forms, and supplies for polling                                    
          places, voter identification, absentee voting, and                                        
           counting ballots; and providing for an effective date."                                 
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
HB 124                                                                                            
Message dated May 1 was read, stating the House failed to concur in                                 
the Senate amendment to HOUSE BILL NO. 124 and respectfully                                         
requests the Senate to recede from its amendment, namely:                                           
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 124(TRA)                                                     
          "An Act relating to commercial motor vehicle drivers                                      
          and their employers and to railroad-highway grade                                         
          crossings; and providing for an effective date."                                          
                                                                                                    
In the event the Senate fails to recede, the Speaker has appointed the                              
following members to a Conference Committee to meet with a like                                     
committee from the Senate to consider the bills:                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1099
     Representative Holm, Chair                                                                     
     Representative McGuire                                                                         
     Representative Gruenberg                                                                       
                                                                                                    
Senator Ben Stevens moved that the Senate recede from its                                           
amendment and recommended the body vote no.                                                         
                                                                                                    
The question being: "Shall the Senate recede from its amendment?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
SCS HB 124(TRA)                                                                                     
Shall the Senate Recede from its Amendment                                                          
to HB 124?                    Effective Date                                                        
                                                                                                    
YEAS:  2   NAYS:  16   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Elton, French                                                                                
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Ellis, Green, Guess, Hoffman,                                         
Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Therriault,                                    
Wagoner, Wilken                                                                                     
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
Absent:  Taylor                                                                                     
                                                                                                    
and so, the Senate failed to recede.                                                                
                                                                                                    
The President appointed the following members to a Conference                                       
Committee to meet with the like committee from the House:                                           
                                                                                                    
     Senator Cowdery, Chair                                                                         
     Senator Ogan                                                                                   
     Senator French                                                                                 
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1100
                          Standing Committee Reports                                             
                                                                                                    
SB 13                                                                                             
The Labor and Commerce Committee considered SENATE BILL NO.                                         
13 "An Act prohibiting discrimination in insurance rates based on                                   
credit rating or credit scoring; and providing for an effective date."                              
Signing amend: Senator Bunde, Chair. Signing do pass: Senators                                      
French, Seekins. Signing no recommendation: Senator Gary Stevens.                                   
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SB 195                                                                                            
The State Affairs Committee considered SENATE BILL NO. 195 "An                                      
Act giving notice of and approving, and authorizing the entry into and                              
issuance of certificates of participation for, the upgrade, expansion,                              
and replacement of certain jails; and providing for an effective date"                              
and recommended it be replaced with                                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 195(STA)                                                           
                                                                                                    
Signing do pass: Senator Gary Stevens, Chair. Signing no                                            
recommendation: Senators Cowdery, Dyson, Guess.                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Revenue                                                           
 Fiscal Note No. 2, Department of Corrections                                                       
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 45                                                                                             
The State Affairs Committee considered HOUSE BILL NO. 45 "An                                        
Act adding a second verse to the official Alaska state song." Signing                               
do pass: Senator Gary Stevens, Chair; Senators Hoffman, Dyson,                                      
Guess. Signing no recommendation: Senator Cowdery.                                                  
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1101
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, University of Alaska                                                      
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 127                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
127(STA) "An Act relating to roadside memorials within the right-of-                                
way of a state highway" and recommended it be replaced with                                         
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          127(STA)                                                                                  
                                                                                                    
Signing do pass: Senator Gary Stevens, Chair; Senators Cowdery,                                     
Dyson, Guess.                                                                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Transportation and Public                                   
  Facilities                                                                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 214                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 214(JUD) "An Act relating to the recovery of punitive                                      
damages against an employer who is determined to be vicariously                                     
liable for the act or omission of an employee; and providing for an                                 
effective date." Signing do pass: Senator Bunde, Chair; Senator                                     
Seekins. Signing no recommendation: Senator Gary Stevens.                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1102
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 19                                                                                            
SENATE JOINT RESOLUTION NO. 19 BY SENATORS                                                          
LINCOLN, Ellis,                                                                                     
                                                                                                    
               Proposing amendments to the Constitution of the                                     
               State of Alaska relating to the Alaska permanent                                    
          fund.                                                                                     
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary and                            
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 212                                                                                            
SENATE BILL NO. 212 BY SENATOR OGAN, entitled:                                                      
                                                                                                    
               "An Act relating to wildfires and other natural                                     
          disasters."                                                                               
                                                                                                    
was read the first time and referred to the State Affairs and Resources                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 89                                                                                             
SENATE BILL NO. 89 "An Act amending the definition of 'lobbyist'                                    
in the Regulation of Lobbying Act, and as it applies in the act setting                             
standards of conduct for legislators and legislative employees, to                                  
define 'regular' and 'substantial' as those terms describe activities for                           
which a person receives consideration for the purpose of influencing                                
legislative or administrative action" was read the second time.                                     
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1103
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 945.                                 
Senator Ellis objected.                                                                             
                                                                                                    
The question being: "Shall the Judiciary Committee Substitute be                                    
adopted?" The roll was taken with the following result:                                             
                                                                                                    
SB 89                                                                                               
Second Reading                                                                                      
Adopt Judiciary Committee Substitute?                                                               
                                                                                                    
YEAS:  17   NAYS:  1   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, French, Green, Guess,                                          
Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Ellis                                                                                        
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
Absent:  Taylor                                                                                     
                                                                                                    
and so CS FOR SENATE BILL NO. 89(JUD) "An Act amending the                                          
definitions in the Regulation of Lobbying Act and the definition of                                 
'lobbyist' as it applies in the act setting standards of conduct for                                
legislators and legislative employees" 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. 89(JUD) will                                     
be on the May 3 calendar.                                                                           
                                                                                                    
SB 142                                                                                            
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"                                  
was read the second time.                                                                           
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1104
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. 142 was read the third time.                                                        
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SB 142                                                                                              
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, Olson, Seekins, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
Absent:  Taylor                                                                                     
                                                                                                    
and so, SENATE BILL NO. 142 passed the Senate.                                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
The presence of Senator Taylor was noted.                                                           
                                                                                                    
SB 146                                                                                            
SENATE BILL NO. 146 "An Act relating to a commemorative                                             
veterans' license plate; and providing for an effective date" was read                              
the second time.                                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      

2003-05-02                     Senate Journal                      Page 1105
SENATE BILL NO. 146 was read the third time.                                                        
                                                                                                    
Senators Wilken, Dyson, Gary Stevens, French, Lincoln, Wagoner,                                     
Seekins, Elton, Taylor, Cowdery, Olson, Therriault, moved and asked                                 
unanimous consent to be shown as cosponsors on the bill. Without                                    
objection, it was so ordered.                                                                       
                                                                                                    
The question being: "Shall SENATE BILL NO. 146 "An Act relating                                     
to a commemorative veterans' license plate; and providing for an                                    
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SB 146                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
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. 146 passed the Senate.                                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
SB 155                                                                                            
SENATE BILL NO. 155 "An Act relating to hunting on the same day                                     
airborne; and providing for an effective date" was read the second                                  
time.                                                                                               
                                                                                                    
Senator Ogan, Chair, moved and asked unanimous consent for the                                      
adoption of the Resources Committee Substitute offered on page 1073.                                
Senator Ellis objected, then withdrew his objection. There being no                                 
further objections, CS FOR SENATE BILL NO. 155(RES) "An Act                                         
relating to predator control programs; and providing for an effective                               
date" was adopted.                                                                                  

2003-05-02                     Senate Journal                      Page 1106
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. 155(RES)                                         
will be on the May 3 calendar.                                                                      
                                                                                                    
Senators Lincoln, Ogan, Cowdery, Green, Dyson, Wagoner, Ben                                         
Stevens, Therriault, moved and asked unanimous consent to be shown                                  
as cosponsors on the bill. Without objection, it was so ordered.                                    
                                                                                                    
SB 160                                                                                            
SENATE BILL NO. 160 "An Act relating to civil liability for use or                                  
attempted use of an automated external defibrillator; and providing for                             
an effective date" was read the second time.                                                        
                                                                                                    
Senator Dyson, Chair, moved and asked unanimous consent for the                                     
adoption of the Health, Education and Social Services Committee                                     
Substitute offered on page 834. Without objection, CS FOR SENATE                                    
BILL NO. 160(HES) was adopted.                                                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
Senator Ogan moved and asked unanimous consent to be shown as a                                     
cosponsor on the bill. Without objection, it was so ordered.                                        
                                                                                                    
CS FOR SENATE BILL NO. 160(HES) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 160(HES)                                          
"An Act relating to civil liability for use or attempted use of an                                  
automated external defibrillator; and providing for an effective date"                              
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1107
CSSB 160(HES)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, French, Green, Guess,                                          
Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Elton, Taylor                                                                                
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 160(HES) passed the Senate.                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 52                                                                                             
CS FOR HOUSE BILL NO. 52(JUD) "An Act relating to the                                               
forfeiture of property used to possess or distribute child pornography,                             
to commit indecent viewing or photography, to commit a sex offense,                                 
or to solicit the commission of, attempt to commit, or conspire to                                  
commit possession or distribution of child pornography, indecent                                    
viewing or photography, or a sexual offense" was read the second                                    
time.                                                                                               
                                                                                                    
Senator Gary Stevens, Chair, moved and asked unanimous consent for                                  
the adoption of the State Affairs Senate Committee Substitute offered                               
on page 782. Without objection, SENATE CS FOR CS FOR HOUSE                                          
BILL NO. 52(STA) "An Act relating to the crime of distribution of                                   
child pornography and to the forfeiture of property used to possess or                              
distribute child pornography, to commit indecent viewing or                                         
photography, to commit a sex offense, or to solicit the commission of,                              
attempt to commit, or conspire to commit possession or distribution of                              
child pornography, indecent viewing or photography, or a sexual                                     
offense" was adopted.                                                                               

2003-05-02                     Senate Journal                      Page 1108
                          Special Order of Business                                              
                                                                                                    
SCR 9                                                                                             
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE CONCURRENT RESOLUTION NO. 9 Suspending Rules                                                 
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 52, relating to the forfeiture of                            
certain property used in certain crimes, be taken up as a Special Order                             
of Business. Without objection, it was so ordered.                                                  
                                                                                                    
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SCR 9                                                                                             
SENATE CONCURRENT RESOLUTION NO. 9, which had been                                                  
held on the Secretary's desk (p. 782), was read the second time and                                 
was before the Senate on final passage.                                                             
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 9 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                
the Alaska State Legislature, concerning House Bill No. 52, relating to                             
the forfeiture of certain property used in certain crimes pass the                                  
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SCR 9                                                                                               
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Hoffman,                                 
Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                        
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
Absent:  Guess                                                                                      
                                                                                                    
and so, SENATE CONCURRENT RESOLUTION NO. 9 passed the                                               
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1109
                  Second Reading of House Bills (continued)                                      
                                                                                                    
HB 52                                                                                             
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE CS FOR CS FOR HOUSE BILL NO. 52(STA) be                                                      
considered engrossed, advanced to third reading and placed on final                                 
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 52(STA) was read the                                            
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 52(STA) "An Act relating to the crime of distribution of child                                  
pornography and to the forfeiture of property used to possess or                                    
distribute child pornography, to commit indecent viewing or                                         
photography, to commit a sex offense, or to solicit the commission of,                              
attempt to commit, or conspire to commit possession or distribution of                              
child pornography, indecent viewing or photography, or a sexual                                     
offense" pass the Senate?" The roll was taken with the following                                    
result:                                                                                             
                                                                                                    
SCS CSHB 52(STA)                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
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 CS FOR CS FOR HOUSE BILL NO. 52(STA)                                                 
passed the Senate and was referred to the Secretary for engrossment.                                
                                                                                                    
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 159                                                                                            
HOUSE BILL NO. 159 was read the third time.                                                         
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1110
The question being: "Shall HOUSE BILL NO. 159 "An Act relating to                                   
the frequency of examinations of certain persons licensed to engage in                              
the business of making loans of money, credit, goods, or things in                                  
action; repealing the requirement for a state examination and                                       
evaluation of the Alaska Commercial Fishing and Agriculture Bank;                                   
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
HB 159                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
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, HOUSE BILL NO. 159 passed the Senate.                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Susan Okeson                                                                             
Senator(s) Guess, Green, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Ellis, Elton, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - John W. Katz                                                                             
Representative(s) Gruenberg                                                                         
Senator(s) Guess, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Elton, French, Green, Hoffman, Lincoln, Seekins, Ben Stevens, Gary                                  
Stevens, Taylor, Wilken                                                                             
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1111
Honoring - Cleo Bishop, Jr.                                                                         
Representative(s) Gruenberg                                                                         
Senator(s) Guess, Therriault, Cowdery, Davis, Dyson, Ellis, Elton,                                  
Green, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens,                                  
Taylor, Wilken                                                                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
SB 125                                                                                            
President Therriault added a Finance Committee referral to 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."                                                         
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 98                                                                                             
Senator Taylor requested that the reconsideration on CS FOR                                         
SENATE BILL NO. 98(TRA) be taken up. The bill was before the                                        
Senate on reconsideration.                                                                          
                                                                                                    
The question to be reconsidered: "Shall 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" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1112
CSSB 98(TRA)                                                                                        
Third Reading - On Reconsideration                                                                  
Effective Dates                                                                                     
                                                                                                    
YEAS:  14   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Lincoln, Ogan,                                        
Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                   
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Taylor                                                          
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
Stevens B changed from "Nay" to "Yea".                                                              
                                                                                                    
and so, CS FOR SENATE BILL NO. 98(TRA) passed the Senate on                                         
reconsideration.                                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                       Unfinished Business (continued)                                           
                                                                                                    
HB 52                                                                                             
Senators Dyson, Gary Stevens, Wagoner, Seekins, Lincoln, French,                                    
Elton, Taylor, Ogan, Cowdery, Guess, Bunde, Wilken, Olson, Ellis,                                   
moved and asked unanimous consent to be shown as cosponsors on                                      
SENATE CS FOR CS FOR HOUSE BILL NO. 52(STA) "An Act                                                 
relating to the crime of distribution of child pornography and to the                               
forfeiture of property used to possess or distribute child pornography,                             
to commit indecent viewing or photography, to commit a sex offense,                                 
or to solicit the commission of, attempt to commit, or conspire to                                  
commit possession or distribution of child pornography, indecent                                    
viewing or photography, or a sexual offense." Without objection, it                                 
was so ordered.                                                                                     
                                                                                                    
SB 96                                                                                             
Senator Dyson moved and asked unanimous consent to withdraw                                         
SENATE BILL NO. 96 "An Act relating to the crime of distribution of                                 
child pornography." Without objection, it was so ordered.                                           

2003-05-02                     Senate Journal                      Page 1113
                                                                                                    
Senator Dyson moved and asked unanimous consent to be excused                                       
from a call of the Senate on May 4 from 9:00 a.m. to 9:00 p.m.                                      
Without objection, Senator Dyson was excused.                                                       
                                                                                                    
Senator Ellis moved and asked unanimous consent to be excused from                                  
a call of the Senate from May 3 to May 5, morning plane time.                                       
Without objection, Senator Ellis was excused.                                                       
                                                                                                    
Senator French moved and asked unanimous consent to be excused                                      
from the Senate, not subject to a call, from May 3 to May 5, plane                                  
time. Without objection, Senator French was excused.                                                
                                                                                                    
Senator Lincoln moved and asked unanimous consent to be excused                                     
from a call of the Senate on May 4. Without objection, Senator                                      
Lincoln was excused.                                                                                
                                                                                                    
Senator Guess moved and asked unanimous consent to be excused                                       
from a call of the Senate from May 3 to May 5, morning plane time.                                  
Without objection, Senator Guess was excused.                                                       
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 98                                                                                             
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                                 
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
SB 142                                                                                            
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"                                  
was engrossed, signed by the President and Secretary and transmitted                                
to the House for consideration.                                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1114
SB 146                                                                                            
SENATE BILL NO. 146 "An Act relating to a commemorative                                             
veterans' license plate; and providing for an effective date" was                                   
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
SB 160                                                                                            
CS FOR SENATE BILL NO. 160(HES) "An Act relating to civil                                           
liability for use or attempted use of an automated external defibrillator;                          
and providing for an effective date" was engrossed, signed by the                                   
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
HB 52                                                                                             
SENATE CS FOR CS FOR HOUSE BILL NO. 52(STA) "An Act                                                 
relating to the crime of distribution of child pornography and to the                               
forfeiture of property used to possess or distribute child pornography,                             
to commit indecent viewing or photography, to commit a sex offense,                                 
or to solicit the commission of, attempt to commit, or conspire to                                  
commit possession or distribution of child pornography, indecent                                    
viewing or photography, or a sexual offense" was engrossed, signed by                               
the President and Secretary and returned to the House for                                           
consideration.                                                                                      
                                                                                                    
SCR 9                                                                                             
SENATE CONCURRENT RESOLUTION NO. 9 Suspending Rules                                                 
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 52, relating to the forfeiture of                            
certain property used in certain crimes was engrossed, signed by the                                
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1115
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., May 3, 2003. Without                                  
objection, the Senate adjourned at 1:11 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2003                        

2003-05-02                     Senate Journal                      Page 1116
                                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                                            
                                                                                                    
May 02        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
May 05        Monday                       Fahrenkamp 203             1:30 PM                     
+ HB 194 REGIONAL DEVELOPMENT ORG TAX CREDIT                                                        
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
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                                                      
                                                                                                    
May 05        Monday                    Senate Finance 532            9:00 AM                     
+= HB   9 HOME INSPECTORS/CONTRACTORS                                                               
+ SB 168 CIGARETTE SALE/DISTRIBUTION                                                                
+ SB 114 INCREASE BUSINESS LICENSE FEE                                                              
+ SB 177 PERS/TRS COLA FOR ACTIVE DUTY MILITARY                                                     
+ HB  90 TAX CREDIT:SALMON DEVELOPMENT/UTILIZATION                                                  
+             Bills Previously Heard/Scheduled                                                      
              <Committee may recess until 5 pm>                                                     

2003-05-02                     Senate Journal                      Page 1117
                             FINANCE (continued)                                                 
                                                                                                    
May 06        Tuesday                   Senate Finance 532            9:00 AM                     
+ HB  57 ROYALTY GAS CONTRACTS                                                                      
+ HB 170 MOTOR VEHICLE REGISTRATION FEES                                                            
+ HB 203 AIDEA DIVIDENDS TO STATE                                                                   
+ HB  79 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM                                                    
+             Bills Previously Heard/Scheduled                                                      
              <Committee may recess until 5 pm>                                                     
                                                                                                    
May 07        Wednesday                 Senate Finance 532            9:00 AM                     
+ HB 256 DIVIDEND PAYMENT TO STATE BY AHFC                                                          
+ SB  31 RAILROAD UTILITY CORRIDOR TO & IN CANADA                                                   
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 02        Friday                          Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 05        Monday                          Butrovich 205           1:30 PM                     
+ SB 202 EDUCATION FUNDING &PUPIL TRANSPORTATION                                                    
+ SB 145 REEMPLOYMENT OF RETIRED TEACHERS                                                           
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 07        Wednesday                       Butrovich 205           1:30 PM                     
              Medicaid Funding and Program Issues:                                                  
              Federal Center for Medicare and Medicaid                                              
              Services                                                                              
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 09        Friday                          Butrovich 205           1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1118
                                  JUDICIARY                                                      
                                                                                                    
May 02        Friday                                Beltz 211         1:00 PM                     
+ HB 114 ISSUANCE OF SEARCH WARRANTS                                                                
+ HB  49 EXPAND DNA DATABASE                                                                        
+ SB  30 ABORTION: INFORMED CONSENT; INFORMATION                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 03        Saturday                              Beltz 211         9:00 AM                     
              -- Time Change --                                                                     
+ HB 212 POWERS OF APPOINTMENTS/TRUSTS/CREDITORS                                                    
+ HB   1 STALKING & PROTECTIVE ORDERS                                                               
+ SB 175 LIABILITY:RECREATIONAL ACTIVITY/BOATS/AIR                                                  
+ SB 176 CIVIL LIABILITY FOR LIVESTOCK ACTIVITIES                                                   
+= HB 114 ISSUANCE OF SEARCH WARRANTS                                                               
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
May 06        Tuesday                               Beltz 211         1:30 PM                     
+ SB 192 DOL TEACHERS AND TRAINING PROGRAMS                                                         
+ SB 210 WAGE AND HOUR OVERTIME COMPUTATION                                                         
+ SB 154 NURSE EDUC LOAN REPAYMENT PROGRAM                                                          
+ HB  51 LABELING OF PRESCRIBED DRUGS                                                               
+ SB  32 INSURANCE FOR MOTOR VEHICLE REPAIRS                                                        
              Bills Previously Heard/Scheduled                                                      
+= SB 102 CHARITABLE GAMING REVENUE                                                                 
              <Listen Only Teleconference>                                                          
                                                                                                    
May 08        Thursday                              Beltz 211         1:30 PM                     
+ HB 151 DWELLING DESIGN/CONSTRUCTION CLAIMS                                                        
+ SB 181 EXAM FOR CPA'S                                                                             
+ HB 120 SERVICE CONTRACT SALES ARE NOT INSURANCE                                                   
+ HB 135 MARITAL & FAMILY THERAPISTS                                                                
+ HB 194 REGIONAL DEVELOPMENT ORG TAX CREDIT                                                        
              <Pending Referral>                                                                    
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1119
                                  RESOURCES                                                      
                                                                                                    
May 02        Friday                          Butrovich 205           3:30 PM                     
+ SB 149 REPEAL CERTAIN TIMBER SALE REQUIREMENTS                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 05        Monday                          Butrovich 205           3:30 PM                     
              Confirmation Hearings:                                                                
              Board of Fisheries                                                                    
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
May 06        Tuesday                               Beltz 211         3:30 PM                     
     SB 203 OFFICE OF ADMINISTRATIVE HEARINGS                                                       
+ HB  81 MOTOR VEHICLE EMISSIONS INSPECTION                                                         
= HB  14 PERMANENT FUND ALLOWABLE ABSENCES                                                          
= SJR 18 CONST. AM: PF APPROPS/INFLATION-PROOFING                                                   
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 08        Thursday                              Beltz 211         3:30 PM                     
     HB 248 SALARY OF CHIEF PROCUREMENT OFFICER                                                     
= SJR  6 CONST AM: 90 DAY LEGISLATIVE SESSION                                                       
+ SB 198 DAMAGES RECOVERED BY POLICE/FIREFIGHTER                                                    
     SB 211 REGULATIONS: NOTICE AND DISTRIBUTION                                                    
     HB 266 ELECTIONS                                                                               
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                    CONFERENCE COMMITTEE ON HB 75 & HB 76                                        
                                                                                                    
May 06        Tuesday                   Senate Finance 532            4:00 PM                     
     HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                    
     HB  76 APPROP:MENTAL HEALTH BUDGET                                                             
              Organization, Request for Limited Powers                                              
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-02                     Senate Journal                      Page 1120
                         JOINT COMMITTEES (continued)                                            
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
May 02        Friday                             Capitol 208         12:00 PM                     
              Information Technology Subcommittee                                                   
              Information Technology & Alaska's Future