Legislature(2003 - 2004)

2003-05-08 Senate Journal

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2003-05-08                     Senate Journal                      Page 1241
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                    Thursday                       May 8, 2003                      
                                                                                                    
                            One Hundred Eighth Day                                               
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:20 a.m.                                                                            
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Major Nila Fankhauser of                                    
The Salvation Army. Senator Hoffman moved and asked unanimous                                       
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
          Heavenly Father, today I want to thank You for those                                      
          closest to us, our families. I bring to You the family                                    
          of each Senator, their spouse, children, perhaps                                          
          grandchildren and elderly parents of some, those                                          
          most dear to them. I ask that You will keep them safe                                     
          and bless them with good health. I pray that You will                                     
          give each one a sense of pride and not resentment                                         
          because the time that is robbed from them is for the                                      
          good of our state. The Senators each give                                                 
          sacrificially, but their families do as well. Lord, I                                     
          pray that You will compensate them with numerous                                          
          blessings and a feeling that they are partners in this                                    
          lawmaking process. Again, I ask for their safety,                                         
          good health and well being, enough so that each                                           
          Senator will have peace in their heart and be able to                                     
          give him or herself fully to the task at hand. May                                        
          each feel a special touch of Your love and care this                                      
day.                                                                    Amen.                      
                                                                                                    
                                                                                                    
Senator Bunde led the Senate in the Pledge of Allegiance.                                           
                                                                                                    

2003-05-08                     Senate Journal                      Page 1242
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred seventh legislative day be approved as                                  
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 49                                                                                             
Message dated May 7 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE BILL NO. 49(STA) "An Act                                                    
          making corrective amendments to the Alaska Statutes                                       
          as recommended by the revisor of statutes; and                                            
          providing for an effective date."                                                         
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 127                                                                                            
Message dated May 7 was read, stating the House concurred in the                                    
Senate amendments to CS FOR HOUSE BILL NO. 127(STA), thus                                           
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          127(STA) am S "An Act relating to roadside                                                
          memorials within the right-of-way of a state                                              
          highway."                                                                                 
                                                                                                    
SB 105                                                                                            
Message dated May 7 was read, stating the House receded from its                                    
amendment to HOUSE CS FOR CS FOR SENATE BILL NO.                                                    
105(HES) "An Act relating to eligibility requirements for medical                                   
assistance for certain children, pregnant women, and persons in a                                   
medical or intermediate care facility; and providing for an effective                               
date" thus adopting:                                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-08                     Senate Journal                      Page 1243
          CS FOR SENATE BILL NO. 105(HES) am(efd fld)                                               
          "An Act relating to eligibility requirements for                                          
          medical assistance for certain children, pregnant                                         
          women, and persons in a medical or intermediate care                                      
          facility."                                                                                
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Message dated May 7 was read, stating the House passed and                                          
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 24                                                                                             
CS FOR HOUSE BILL NO. 24(JUD) BY THE HOUSE JUDICIARY                                                
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to intergovernmental agreements                                          
          with the federal government regarding management                                          
          of fish or game in the state."                                                            
                                                                                                    
was read the first time and referred to the State Affairs and Resources                             
Committees.                                                                                         
                                                                                                    
HB 155                                                                                            
CS FOR HOUSE BILL NO. 155(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to the submission of payroll                                             
          information by contractors and subcontractors                                             
          performing work on a public construction contract;                                        
          requiring a notice of work by employers on public                                         
          construction contracts; providing for the withholding                                     
          of final payment for public construction contracts;                                       
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-08                     Senate Journal                      Page 1244
HB 243                                                                                            
CS FOR HOUSE BILL NO. 243(STA) BY THE HOUSE STATE                                                   
AFFAIRS COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act establishing state agency program                                                 
          performance management and audit powers in the                                            
          Office of the Governor for the evaluation of agency                                       
          programs; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 283                                                                                            
HOUSE BILL NO. 283 BY REPRESENTATIVES FATE, Heinze,                                                 
Holm, Wolf, Whitaker, entitled:                                                                     
                                                                                                    
          "An Act relating to limitations on coal leases."                                          
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
A letter dated May 6 was received from Dana Fabe, Chief Justice of                                  
the Alaska Supreme Court, stating she has nominated the following                                   
public member to serve on the Select Committee on Legislative                                       
Ethics:                                                                                             
                                                                                                    
 Marianne Stillner                                                                                  
                                                                                                    
President Therriault referred the appointment to the Judiciary                                      
Committee.                                                                                          
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated May 7 was read, stating:                                                               
                                                                                                    
In accordance with AS 39.05.080, the Senate Resources Committee                                     
reviewed the following and recommends the appointment be                                            
forwarded to a joint session for consideration:                                                     

2003-05-08                     Senate Journal                      Page 1245
 Board of Fisheries                                                                               
 Rupert Andrews                                                                                     
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individual during any further sessions.                                                 
                                                                                                    
Signing the report: Senator Ogan, Chair; Senators Wagoner, Dyson,                                   
Seekins, Ben Stevens, Lincoln.                                                                      
                                                                                                    
SB 56                                                                                             
The Finance Committee considered SENATE BILL NO. 56 "An Act                                         
relating to sport fishing license fees and anadromous king salmon tag                               
fees for residents of Yukon, Canada" and recommended it be replaced                                 
with                                                                                                
          CS FOR SENATE BILL NO. 56(FIN) "An Act                                                    
          relating to sport fishing license fees and anadromous                                     
          king salmon tag fees for residents of Yukon, Canada;                                      
          and providing for an effective date."                                                     
                                                                                                    
Signing do pass: Senator Wilken, Cochair; Senator Ben Stevens.                                      
Signing no recommendation: Senator Green, Cochair; Senators Taylor,                                 
Hoffman, Olson. Signing do not pass: Senator Bunde.                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Fish and Game                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 85                                                                                             
The Finance Committee considered SENATE BILL NO. 85 "An Act                                         
relating to sentencing and to the earning of good time deductions for                               
certain sexual offenses" and recommended the adoption of the State                                  
Affairs Committee Substitute offered on page 807. Signing do pass:                                  
Senators Green, Wilken, Cochairs; Senators Taylor, Hoffman, Olson,                                  
Bunde, Ben Stevens.                                                                                 
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, indeterminate, Department of Administration                                     
 Fiscal Note No. 4, indeterminate, Department of Corrections                                        
                                                                                                    

2003-05-08                     Senate Journal                      Page 1246
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 125                                                                                            
The Finance Committee considered SENATE BILL NO. 125 "An Act                                        
relating to protests of state contract awards, to claims on state                                   
contracts and to hearings under the State Procurement Code; making                                  
conforming amendments in the State Procurement Code; and                                            
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
          CS FOR SENATE BILL NO. 125(FIN) "An Act                                                   
          relating to protests of state contract awards, to claims                                  
          on state contracts, to the arbitration of certain state                                   
          construction contract claims, and to hearings and                                         
          appeals under the State Procurement Code; making                                          
          conforming amendments in the State Procurement                                            
          Code; and providing for an effective date."                                               
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Taylor,                                 
Hoffman, Ben Stevens. Signing no recommendation: Senators Olson,                                    
Bunde.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Transportation                                     
and Public Facilities                                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 176                                                                                            
The Judiciary Committee considered SENATE BILL NO. 176 "An                                          
Act relating to civil liability for injuries or death resulting from                                
livestock activities" and recommended it be replaced with                                           
                                                                                                    
          CS FOR SENATE BILL NO. 176(JUD)                                                           
                                                                                                    
Signing do pass: Senator Seekins, Chair. Signing no recommendation:                                 
Senators Therriault, Ogan, French, Ellis.                                                           
                                                                                                    

2003-05-08                     Senate Journal                      Page 1247
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 11                                                                                             
The Finance Committee considered HOUSE BILL NO. 11 "An Act                                          
relating to deposits to the Alaska permanent fund from mineral lease                                
rentals, royalties, royalty sale proceeds, net profit shares under AS                               
38.05.180(f) and (g), federal mineral revenue sharing payments                                      
received by the state from mineral leases, and bonuses received by the                              
state from mineral leases, and limiting deposits from those sources to                              
the 25 percent required under art. IX, sec. 15, Constitution of the State                           
of Alaska; and providing for an effective date." Signing do pass:                                   
Senators Green, Wilken, Cochairs; Senators Bunde, Ben Stevens.                                      
Signing do not pass: Senator Taylor. Signing no recommendation:                                     
Senators Olson, Hoffman.                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
 Fiscal Note No. 2, Department of Revenue                                                           
 Fiscal Note No. 3, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 184                                                                                            
The Judiciary Committee considered CS FOR SPONSOR                                                   
SUBSTITUTE FOR HOUSE BILL NO. 184(L&C) am "An Act                                                   
relating to individual deferred annuities; and providing for an effective                           
date" and recommended the adoption of the Labor and Commerce                                        
Senate Committee Substitute offered on page 1128. Signing do pass:                                  
Senator Seekins, Chair. Signing no recommendation: Senators                                         
Therriault, Ogan, French.                                                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       

2003-05-08                     Senate Journal                      Page 1248
HB 203                                                                                            
The Finance Committee considered HOUSE BILL NO. 203 "An Act                                         
relating to the definitions of 'net income' and 'unrestricted net income'                           
for purposes of calculating the dividends to be paid to the state by the                            
Alaska Industrial Development and Export Authority; and providing                                   
for an effective date." Signing do pass: Senator Wilken, Cochair;                                   
Senators Taylor, Ben Stevens. Signing no recommendation: Senator                                    
Green, Cochair; Senators Hoffman, Olson, Bunde.                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Community and                                      
  Economic Development                                                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
HB 124                                                                                            
The following report was received and distributed at 9:21 a.m., May 8:                              
                                                                 May 8, 2003                        
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE considered HOUSE BILL NO.                                                  
124 and SENATE CS FOR HOUSE BILL NO. 124(TRA) and                                                   
recommends                                                                                          
                                                                                                    
          HOUSE BILL NO. 124 "An Act relating to                                                    
          commercial motor vehicle drivers and their                                                
          employers and to railroad-highway grade crossings;                                        
          and providing for an effective date."                                                     
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Senator Cowdery, Chair, Senators Ogan, French;                                  
Representative Holm, Chair, Representatives McGuire, Gruenberg.                                     
                                                                                                    
                                                                                                    

2003-05-08                     Senate Journal                      Page 1249
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, zero, Department of Public Safety                                               
 Fiscal Note No. 4, zero, Department of Transportation and Public                                   
  Facilities                                                                                        
                                                                                                    
Senator Ben Stevens moved that the Senate adopt the Conference                                      
Committee Report on HOUSE BILL NO. 124.                                                             
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on HOUSE BILL NO. 124 "An Act relating to                                          
commercial motor vehicle drivers and their employers and to railroad-                               
highway grade crossings; and providing for an effective date"?" The                                 
roll was taken with the following result:                                                           
                                                                                                    
HB 124                                                                                              
Shall the Senate adopt the Conference Committee                                                     
report on House Bill 124?        Effective Date                                                     
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
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.                                                  
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 214                                                                                            
SENATE BILL NO. 214 BY SENATOR GARY STEVENS, entitled:                                              
                                                                                                    
             "An Act relating to a curriculum for Alaska history;                                  
          and providing for an effective date."                                                     

2003-05-08                     Senate Journal                      Page 1250
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 168                                                                                            
SENATE BILL NO. 168 "An Act relating to issuance and revocation                                     
of licenses for the importation, sale, distribution, or manufacture of                              
cigarettes and tobacco products; relating to a tax refund or credit for                             
unsaleable, returned, or destroyed tobacco products; relating to                                    
restrictions on shipping or transporting cigarettes; relating to records                            
concerning the sale of cigarettes; amending and adding definitions                                  
relating to cigarette taxes; relating to the payment of cigarette taxes;                            
relating to penalties applicable to cigarette taxes; relating to the                                
definition of the wholesale price of tobacco products; relating to                                  
payment of cigarette taxes through the use of cigarette tax stamps;                                 
relating to provisions making certain cigarettes contraband and subject                             
to seizure and forfeiture; relating to certain crimes, penalties, and                               
interest concerning tobacco taxes and sales; and providing for an                                   
effective date" was read the second time.                                                           
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 1179.                                  
Without objection, CS FOR SENATE BILL NO. 168(FIN) "An Act                                          
relating to issuance and revocation of licenses for the importation,                                
sale, distribution, or manufacture of cigarettes and tobacco products;                              
relating to a tax refund or credit for unsaleable, returned, or destroyed                           
tobacco products; relating to restrictions on and penalties for shipping                            
or transporting cigarettes; relating to records concerning the sale of                              
cigarettes; amending and adding definitions relating to cigarette taxes;                            
relating to the payment of cigarette taxes; relating to penalties                                   
applicable to cigarette taxes; relating to the definition of the wholesale                          
price of tobacco products; relating to payment of cigarette taxes                                   
through the use of cigarette tax stamps; relating to provisions making                              
certain cigarettes contraband and subject to seizure and forfeiture;                                
relating to certain crimes, penalties, and interest concerning tobacco                              
taxes and stamps; relating to cigarette sales; and providing for an                                 
effective date" was adopted.                                                                        

2003-05-08                     Senate Journal                      Page 1251
Senator Bunde offered Amendment No. 1 :                                                              
                                                                                                    
Page 2, line 3:                                                                                     
 Delete "sec. 17"                                                                                   
 Insert  "sec. 19"                                                                                  
                                                                                                    
Page 2, line 8:                                                                                     
 Delete "sec. 17"                                                                                   
 Insert  "sec 19"                                                                                   
                                                                                                    
Page 4, following line 25:                                                                          
 Insert a new bill section to read:                                                                 
"*  Sec. 8.  AS 43.50.090 is amended by adding a new subsection to                                
read:                                                                                               
           (d) The tax imposed under (a) of this section does not                                   
          apply to the first 100 cigarettes imported by an individual for                           
          personal consumption during the calendar month."                                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 7, following line 3:                                                                           
 Insert a new bill section to read:                                                                 
"*  Sec. 15.  AS 43.50.190 is amended by adding a new subsection to                               
read:                                                                                               
           (c) The tax imposed under (a) of this section does not                                   
          apply to the first 100 cigarettes imported by an individual for                           
          personal consumption during the calendar month."                                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 22, line 7:                                                                                    
 Delete "sec. 22"                                                                                   
 Insert  "sec. 24"                                                                                  
                                                                                                    
Page 22, line 16:                                                                                   
 Delete "sec. 17"                                                                                   
 Insert  "sec. 19"                                                                                  
                                                                                                    
Page 22, line 20:                                                                                   
 Delete "sec. 17"                                                                                   

2003-05-08                     Senate Journal                      Page 1252
 Insert  "sec. 19"                                                                                  
                                                                                                    
Page 22, line 21:                                                                                   
 Delete "Section 19"                                                                                
 Insert  "Section 21"                                                                               
                                                                                                    
Page 22, line 22:                                                                                   
 Delete "sec. 21"                                                                                   
 Insert  "sec. 23"                                                                                  
                                                                                                    
Senator Bunde moved for the adoption of Amendment No. 1. Senator                                    
Taylor objected.                                                                                    
                                                                                                    
Senator Taylor moved for the adoption of the following amendment to                                 
Amendment No. 1:                                                                                    
                                                                                                    
AS 43.50.090                                                                                        
Paragraph (d)                                                                                       
 Delete "100"                                                                                       
 Insert  "200"                                                                                      
                                                                                                    
AS 43.50.190                                                                                        
Paragraph (c)                                                                                       
 Delete "100"                                                                                       
 Insert  "200"                                                                                      
                                                                                                    
Senator Bunde objected.                                                                             
                                                                                                    
The question being: "Shall the amendment to Amendment No. 1 be                                      
adopted?" The roll was taken with the following result:                                             
                                                                                                    
CSSB 168(FIN)                                                                                       
Second Reading                                                                                      
Amendment to Amendment No. 1                                                                        
                                                                                                    
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Green, Hoffman, Ogan, Olson, Stevens B, Taylor                                               
                                                                                                    
Nays:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Lincoln, Seekins, Stevens G, Therriault, Wagoner, Wilken                                            
                                                                                                    

2003-05-08                     Senate Journal                      Page 1253
and so, the amendment to Amendment No. 1 failed.                                                    
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 168(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Lincoln, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault,                                   
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Guess, Hoffman, Olson                                                                        
                                                                                                    
and so, Amendment No. 1 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. 168(FIN) am                                      
will be on the May 9 calendar.                                                                      
                                                                                                    
SB 210                                                                                            
SENATE BILL NO. 210 "An Act regarding the computation of                                            
overtime compensation by employers before June 2, 1999; 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. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated SENATE BILL NO. 210 will be on the                                      
May 9 calendar.                                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-08                     Senate Journal                      Page 1254
                        Second Reading of House Bills                                            
                                                                                                    
HB 170                                                                                            
HOUSE BILL NO. 170 "An Act increasing certain motor vehicle                                         
registration fees; and providing for an effective date" was read the                                
second time.                                                                                        
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated HOUSE BILL NO. 170 will be on the May                                   
9 calendar.                                                                                         
                                                                                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 128                                                                                            
CS FOR SENATE BILL NO. 128(FIN) am was read the third time.                                         
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 128(FIN) am                                       
"An Act relating to licensing common carriers to dispense alcoholic                                 
beverages; and providing for an effective date" pass the Senate?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CSSB 128(FIN) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR SENATE BILL NO. 128(FIN) am passed the Senate.                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          

2003-05-08                     Senate Journal                      Page 1255
SB 177                                                                                            
SENATE BILL NO. 177 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 177 "An Act relating                                     
to cost-of-living benefits for retired members in the public employees'                             
retirement system and the teachers' retirement system who are called                                
to active military duty; and providing for an effective date" pass the                              
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SB 177                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE BILL NO. 177 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.                                                          
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - The Craig Panthers, Craig Boys' Basketball Team                                          
Representative(s) Kookesh                                                                           
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Seekins, Ben Stevens, Gary Stevens, Taylor,                                  
Wagoner, Wilken                                                                                     
                                                                                                    
In Memoriam - Joyce Anne Parkerson                                                                  
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens,                                  
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-08                     Senate Journal                      Page 1256
In Memoriam - William Charles Grover, Jr.                                                           
Senator(s) Taylor, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary                                    
Stevens, Wagoner, Wilken                                                                            
Representative(s) Wilson                                                                            
                                                                                                    
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                                                 
                                                                                                    
HB 177                                                                                            
The reconsideration on CS FOR SPONSOR SUBSTITUTE FOR                                                
HOUSE BILL NO. 177(STA) "An Act relating to concealed                                               
handguns" was not taken up this legislative day and the bill was signed                             
by the President and Secretary and returned to the House.                                           
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 128                                                                                            
CS FOR SENATE BILL 128(FIN) am "An Act relating to licensing                                        
common carriers to dispense alcoholic beverages; and providing for an                               
effective date" was engrossed, signed by the President and Secretary                                
and transmitted to the House for consideration.                                                     
                                                                                                    
SB 177                                                                                            
SENATE BILL NO. 177 "An Act relating to cost-of-living benefits for                                 
retired members in the public employees' retirement system and the                                  
teachers' retirement system who are called to active military duty; and                             
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    

2003-05-08                     Senate Journal                      Page 1257
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., May 9, 2003. Without                                  
objection, the Senate adjourned at 12:10 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2003                        

2003-05-08                     Senate Journal                      Page 1258
                                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 09        Friday                       Fahrenkamp 203             1:30 PM                     
+ HB 209 MUNI.TAX:  PROPERTY AFFECTED BY DISASTER                                                   
              Bills Previously Heard/Scheduled                                                      
+= SCR 12 BOROUGH INCORPORATION: UNORG AREAS                                                        
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 08        Thursday                  Senate Finance 532            9:00 AM                     
+= HB  11 DEPOSITS TO THE PERMANENT FUND                                                            
+= HB 203 AIDEA DIVIDENDS TO STATE                                                                  
+ SB  73 AIDEA: BONDS & MUNICIPAL TAX EXEMPTION                                                     
+ SB  56 SPORT FISHING FEES FOR YUKON RESIDENTS                                                     
+ SB  26 STATE EMPLOYEES CALLED TO MILITARY DUTY                                                    
+ SB  85 REPEAT SERIOUS SEX OFFENSES                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 09        Friday                    Senate Finance 532            9:00 AM                     
+ SB 102 CHARITABLE GAMING REVENUE                                                                  
+ HB 229 PAROLE FOR MEDICAL/COGNITIVE DISABILITY                                                    
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-08                     Senate Journal                      Page 1259
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 09        Friday                          Butrovich 205           1:30 PM                     
              --Meeting Canceled--                                                                  
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 12        Monday                          Butrovich 205           1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 14        Wednesday                       Butrovich 205           1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 16        Friday                          Butrovich 205           1:30 PM                     
+ HB  25 HEALTH CARE SERVICES DIRECTIVES                                                            
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 08        Thursday                              Beltz 211         8:00 AM                     
+= HB   1 STALKING & PROTECTIVE ORDERS                                                              
+= HB 214 PUNITIVE DAMAGES AGAINST EMPLOYERS                                                        
= HB 224 CIGARETTE SALES REQUIREMENTS                                                               
              <Above Item Removed from Agenda>                                                      
+= HB  46 PRIMARY ELECTION BALLOTS                                                                  
+= SB 175 LIABILITY:RECREATIONAL ACTIVITY/BOATS/AIR                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 09        Friday                                Beltz 211         1:00 PM                     
+= HB 224 CIGARETTE SALES REQUIREMENTS                                                              
+ SB 203 OFFICE OF ADMINISTRATIVE HEARINGS                                                          
+= HB 214 PUNITIVE DAMAGES AGAINST EMPLOYERS                                                        
+= SB   2 PARENT LIABILITY FOR DAMAGE BY CHILD                                                      
+= SJR  3 CONST AM: APPROPRIATION/SPENDING LIMIT                                                    
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-08                     Senate Journal                      Page 1260
                               LABOR & COMMERCE                                                  
                                                                                                    
May 08        Thursday                              Beltz 211         1:30 PM                     
+ HB 151 DWELLING DESIGN/CONSTRUCTION CLAIMS                                                        
+ HB 242 EXAM FOR CPA'S                                                                             
+ HB 120 SERVICE CONTRACT SALES ARE NOT INSURANCE                                                   
+ HB 135 MARITAL & FAMILY THERAPISTS                                                                
+ HB 194 REGIONAL DEVELOPMENT ORG TAX CREDIT                                                        
+ SB 209 MARINE PILOT FOR FOREIGN PLEASURE CRAFT                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 13        Tuesday                               Beltz 211         1:30 PM                     
+ SB 194 LIQUOR DELIVERED TO HOTELS/CRUISE SHIPS                                                    
+ HB  83 REVISED UNIFORM ARBITRATION ACT                                                            
              Confirmation Hearings:                                                                
              Alaska Labor Relations - Colleen Scanlon                                              
              Board of Barbers and Hairdressers -                                                   
              Charlene Lushin, Joylene A. Marrs                                                     
              Board of Chiropractic Examiners -                                                     
              Dr. David Mulholland                                                                  
              Real Estate Commission -                                                              
              Brad J. Fluetsch, Barbara Parker-Ramsey,                                              
              David B. Somers, Z. Kent Sullivan, Esq.                                               
              Board of Veterinary Examiners -                                                       
              Steven Torrence                                                                       
              Workers Compensation Board -                                                          
              John Abshire, Richard Behrends,                                                       
              Andrew Piekarski, Marc Stemp                                                          
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
May 08        Thursday                        Butrovich 205           4:00 PM                     
              -- Continued from 5/7/03 --                                                           
= HB  61 OIL & GAS TAX CREDIT FOR EXPLORATION/DEV                                                   
= HB 118 TRANSPORTATION OF COMMERCIAL FISH                                                          
                                                                                                    
May 09        Friday                          Butrovich 205           3:30 PM                     
              Confirmation Hearing:                                                                 
              Board of Fisheries - John E. Jensen                                                   
+ HB 191 COASTAL MANAGEMENT PROGRAMS                                                                
              <Pending Referral>                                                                    
+ HB 104 PAYMENT OF FISHERY BUSINESS TAX                                                            
+             Bills Previously Heard/Scheduled                                                      

2003-05-08                     Senate Journal                      Page 1261
                                STATE AFFAIRS                                                    
                                                                                                    
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                                                                               
+ SB 183 MUNICIPAL ECONOMIC DEVELOPMENT                                                             
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
May 09        Friday                          Butrovich 205           5:30 PM                     
              -- Time Change --                                                                     
+             Senate Bill:                                                                          
              INTERNATIONAL AIRPORT REVENUE BONDS                                                   
              <Pending Introduction and Referral>                                                   
                                                                                                    
May 10        Saturday                        Butrovich 205           9:00 AM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 13        Tuesday                         Butrovich 205           1:30 PM                     
     HB 280 COMMERCIAL MOTOR VEHICLES:REGULATIONS                                                   
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                    CONFERENCE COMMITTEE ON HB 75 & HB 76                                        
                                                                                                    
May 09        Friday                    Senate Finance 532            4:00 PM                     
= HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB  76 APPROP:MENTAL HEALTH BUDGET                                                                
              Dept of Administration                                                                
              Dept of Community/Economic Development                                                
              Dept of Environmental Conservation                                                    
              Dept of Natural Resources                                                             
              Dept of Public Safety                                                                 
              The following may be taken up:                                                        
              Dept of Labor/Workforce Development                                                   
              Dept of Transportation/Public Facilities                                              
              Legislature