Legislature(2003 - 2004)

2003-05-12 Senate Journal

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2003-05-12                     Senate Journal                      Page 1331
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                     Monday                      May 12, 2003                       
                                                                                                    
                           One Hundred Twelfth Day                                               
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:33 a.m.                                                                            
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Dr. Paul Beran of the                                       
Resurrection Lutheran Church. Senator Olson moved and asked                                         
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          Gracious God our Heavenly Father, You surround us                                         
          with evidences of Your majesty, creativity, lavish                                        
          goodness, and love. Thank You for towering                                                
          mountains and the smile of a little baby. Thank You                                       
          for each one who is a part of these chambers. Thank                                       
          You for the gift of life and the weighty                                                  
          responsibilities entrusted to us.                                                         
                                                                                                    
          Search and purify us O God, that our motives might                                        
          be free from self-centered interests, deceit, or malice.                                  
          Give us courage to look way beyond the next election                                      
          that we might exercise the quality of leadership that                                     
          will be a blessing to Alaska and the people of this                                       
          great state.                                                                              
                                                                                                    
          This I pray in the Name of Jesus, Who came not to be                                      
    served, but to serve.                                           Amen.                          
                                                                                                    
                                                                                                    
Senator Ellis led the Senate in the Pledge of Allegiance.                                           
                                                                                                    

2003-05-12                     Senate Journal                      Page 1332
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred eleventh legislative day be approved as                                 
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 30                                                                                             
The Finance Committee considered SENATE BILL NO. 30 "An Act                                         
relating to information and services available to pregnant women and                                
other persons; and ensuring informed consent before an abortion may                                 
be performed, except in cases of medical emergency" and                                             
recommended the adoption of the Judiciary Committee Substitute                                      
offered on page 1178. Signing do pass: Senator Green, Cochair;                                      
Senators Taylor, Ben Stevens. Signing no recommendation: Senator                                    
Wilken, Cochair; Senators Hoffman, Bunde. Signing amend: Senator                                    
Olson.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Health and Social Services                                        
 Fiscal Note No. 2, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 216                                                                                            
The Finance Committee considered SENATE BILL NO. 216 "An Act                                        
relating to international airports revenue bonds; and providing for an                              
effective date." Signing do pass: Senator Wilken, Cochair; Senator                                  
Ben Stevens. Signing no recommendation: Senator Green, Cochair;                                     
Senators Taylor, Bunde. Signing do not pass: Senator Hoffman.                                       
Signing amend: Senator Olson.                                                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    

2003-05-12                     Senate Journal                      Page 1333
HB 90                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
90(FIN) "An Act relating to a salmon product development tax credit                                 
and a salmon utilization tax credit under the Alaska fisheries business                             
tax; and providing for an effective date" and recommended it be                                     
replaced with                                                                                       
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          90(FIN)                                                                                   
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators                                         
Hoffman, Ben Stevens, Bunde. Signing no recommendation: Senator                                     
Olson.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 243                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
243(STA) "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."                                
Signing do pass: Senator Wilken, Cochair. Signing no                                                
recommendation: Senator Green, Cochair; Senators Taylor, Hoffman,                                   
Olson, Bunde, Ben Stevens.                                                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Office of the Governor                                                    
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SCR 10                                                                                            
The Finance Committee considered SENATE CONCURRENT                                                  
RESOLUTION NO. 10 Establishing the Joint Legislative Charter                                        
School Task Force and recommended it be replaced with                                               
                                                                                                    
                     CS FOR SENATE CONCURRENT RESOLUTION                                           
          NO. 10(FIN)                                                                               

2003-05-12                     Senate Journal                      Page 1334
Signing do pass: Senators Green, Wilken, Cochairs; Senators Taylor,                                 
Hoffman, Ben Stevens. Signing no recommendation: Senator Bunde.                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Senate Health, Education and Social Services                                    
  Committee                                                                                         
 Fiscal Note No. 2, Department of Education and Early                                               
  Development                                                                                       
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 14                                                                                            
SENATE CONCURRENT RESOLUTION NO. 14 BY THE                                                          
SENATE LABOR AND COMMERCE COMMITTEE,                                                                
                                                                                                    
          Relating to requesting the Governor to negotiate a                                        
          40-hour workweek with state employees.                                                    
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 220                                                                                            
SENATE BILL NO. 220 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT                                                      
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to a state sales and use tax; relating                                   
          to taxes levied by cities and boroughs; providing                                         
          authority to the Department of Revenue to enter into                                      
          the Streamlined Sales and Use Tax Agreement;                                              
          increasing the motor fuel tax and repealing the                                           
          special tax rates on blended fuels; and providing for                                     
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the Finance Committee.                                      

2003-05-12                     Senate Journal                      Page 1335
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 175                                                                                            
SENATE BILL NO. 175 "An Act relating to civil liability for                                         
commercial recreational activities and for guest passengers on an                                   
aircraft or watercraft; and providing for an effective date" was read the                           
second time.                                                                                        
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 1267.                                
Senator Ellis objected, then withdrew his objection. There being no                                 
further objections, CS FOR SENATE BILL NO. 175(JUD) "An Act                                         
relating to civil liability for inherent risks in sports or recreational                            
activities; and providing for an effective date" was adopted.                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 175(JUD)                                         
will be on the May 13 calendar.                                                                     
                                                                                                    
SB 176                                                                                            
SENATE BILL NO. 176 "An Act relating to civil liability for injuries                                
or death resulting from livestock activities" was read the second time.                             
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 1246.                                
Without objection, CS FOR SENATE BILL NO. 176(JUD) 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. 176(JUD)                                         
will be on the May 13 calendar.                                                                     
                                                                                                    

2003-05-12                     Senate Journal                      Page 1336
                        Second Reading of House Bills                                            
                                                                                                    
HB 191                                                                                            
CS FOR HOUSE BILL NO. 191(FIN) am "An Act relating to the                                           
Alaska coastal management program and to policies and procedures                                    
for consistency reviews and the rendering of consistency                                            
determinations under that program; eliminating the Alaska Coastal                                   
Policy Council; annulling certain regulations relating to the Alaska                                
coastal management program; and providing for an effective date" was                                
read the second time.                                                                               
                                                                                                    
Senator Gary Stevens offered Amendment No. 1:                                                       
                                                                                                    
Page 22, following line 13:                                                                         
 Insert a new bill section to read:                                                                 
"* Sec. 45.  Section 49 of this Act is repealed on February 1, 2004."                             
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 22, line 24:                                                                                   
 Delete "2004"                                                                                      
 Insert "2005"                                                                                      
                                                                                                    
Page 22, line 25:                                                                                   
 Delete "sec. 45"                                                                                   
 Insert "sec. 46"                                                                                   
                                                                                                    
Page 22, line 26:                                                                                   
 Delete "sec. 48(c)"                                                                                
 Insert "sec. 50(c)"                                                                                
                                                                                                    
Page 23, line 4:                                                                                    
 Delete "2006"                                                                                      
 Insert "2007"                                                                                      
                                                                                                    
Page 23, line 5:                                                                                    
 Delete "2006"                                                                                      
 Insert "2007"                                                                                      
                                                                                                    
                                                                                                    

2003-05-12                     Senate Journal                      Page 1337
Page 23, line 21:                                                                                   
 Delete "2005"                                                                                      
 Insert "2006"                                                                                      
                                                                                                    
Page 23, following line 30:                                                                         
 Insert a new bill section to read:                                                                 
"* Sec. 49.  The uncodified law of the State of Alaska is amended by                              
adding a new section to read:                                                                       
          TASK FORCE ON ALASKA COASTAL ZONE                                                         
MANAGEMENT PROGRAM.  (a)  There is established in the                                               
legislative branch of state government the Task Force on Alaska                                     
Coastal Zone Management Program.  Members of the task force shall                                   
be appointed to represent the state as a whole and not just a particular                            
region or industry sector.  The president of the senate and the speaker                             
of the house of representatives shall jointly appoint the chair and vice-                           
chair of the task force.  The task force shall consist of 11 voting                                 
members as follows:                                                                                 
                   (1)  two members of the senate appointed jointly by                              
the president of the senate and the speaker of the house of                                         
representatives;                                                                                    
                   (2)  two members from the house of representatives                               
appointed jointly by the president of the senate and the speaker of the                             
house of representatives;                                                                           
                   (3)  the following seven public members who are                                  
jointly appointed by the president of the senate and the speaker of the                             
house of representatives, in consultation with the governor:                                        
                             (A)  three individuals representing Alaska                             
          coastal resource districts;                                                               
                             (B)  three individuals representing Alaska                             
          resource development industries;                                                          
                             (C)  one individual representing the public at                         
          large.                                                                                    
          (b)  The members of the task force appointed under (a)(3) of                              
this section are not eligible for compensation but are entitled to per                              
diem and travel expenses authorized for boards and commissions                                      
under AS 39.20.180.                                                                                 
          (c)  The Task Force on Alaska Coastal Zone Management                                     
Program shall                                                                                       
                                                                                                    
                                                                                                    

2003-05-12                     Senate Journal                      Page 1338
                   (1)  review the changes and modifications contained                              
in secs. 1 - 44, 46, 47, and 50 of this Act, and other aspects of the                               
Alaska coastal management program, and make recommendations on                                      
any modifications needed to carry out the findings of the legislature in                            
sec. 1 of this Act;                                                                                 
                   (2)  assist the Department of Natural Resources to                               
develop guidelines and regulations to carry out the provisions of secs.                             
1 - 44, 46, 47, and 50 of this Act and the adjustments, if any,                                     
recommended by the task force under (1) of this subsection;                                         
                   (3)  deliver a report to the legislature by the 10th day                         
after the convening of the Second Regular Session of the Twenty-                                    
Third Alaska State Legislature."                                                                    
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 24, line 18:                                                                                   
 Delete "sec. 46"                                                                                   
 Insert "sec. 47"                                                                                   
                                                                                                    
Page 24, line 19:                                                                                   
 Delete "sec. 45"                                                                                   
 Insert "sec. 46"                                                                                   
                                                                                                    
Page 24, line 20:                                                                                   
 Delete "sec. 45"                                                                                   
 Insert "sec. 46                                                                                    
                                                                                                    
Page 24, line 23:                                                                                   
 Delete "sec. 46"                                                                                   
 Insert "sec. 47"                                                                                   
                                                                                                    
Page 24, following line 23:                                                                         
 Insert a new bill section to read:                                                                 
"* Sec. 51.  Sections 45 and 49 of this Act take effect immediately                               
under AS 01.10.070(c)."                                                                             
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 24, line 24:                                                                                   
 Delete "Section 45"                                                                                
 Insert "Section 46"                                                                                

2003-05-12                     Senate Journal                      Page 1339
 Delete "2005"                                                                                      
 Insert "2006"                                                                                      
                                                                                                    
Page 24, lines 25 and 26:                                                                           
 Delete "sec. 49 of this Act, this Act takes effect immediately                                     
under AS 01.10.070(c)"                                                                              
 Insert "secs. 51 and 52 of this Act, this Act takes effect July 1,                                 
2004"                                                                                               
                                                                                                    
Senator Gary Stevens moved for the adoption of Amendment No. 1.                                     
Objections were heard.                                                                              
                                                                                                    
In accordance with Mason's Manual 583(2), President Therriault                                      
relinquished the chair to Senator Ben Stevens, President pro tempore,                               
in order to participate in debate.                                                                  
                                                                                                    
President Therriault and Senator Ben Stevens resumed their original                                 
places.                                                                                             
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSHB 191(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  1   NAYS:  19   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Stevens G                                                                                    
                                                                                                    
Nays:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Taylor,                                   
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
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 CS FOR HOUSE BILL NO. 191(FIN) am                                       
will be on the May 13 calendar.                                                                     

2003-05-12                     Senate Journal                      Page 1340
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 149                                                                                            
CS FOR SENATE BILL NO. 149(RES) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 149(RES)                                          
"An Act relating to timber, to the sale of timber by the state, and to the                          
management of state forests" pass the Senate?" The roll was taken                                   
with the following result:                                                                          
                                                                                                    
CSSB 149(RES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Davis changed from "Yea" to "Nay".                                                                  
                                                                                                    
and so, CS FOR SENATE BILL NO. 149(RES) passed the Senate.                                          
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 11                                                                                             
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" was read the third time.                                                         
                                                                                                    
Senator Taylor moved and asked unanimous consent that the bill be                                   
returned to second reading for the purpose of a specific amendment,                                 
that being Amendment No. 1. Without objection, the bill was returned                                
to second reading.                                                                                  

2003-05-12                     Senate Journal                      Page 1341
Senator Taylor offered Amendment No. 1:                                                             
                                                                                                    
Page 2, following line 1:                                                                           
          Insert a new bill section to read:                                                        
   "* Sec. 2.  AS 37.05.550(b) is amended to read:                                                
  (b)  The legislature may appropriate to the fund money                                            
received by the state as Alaska marine highway system program                                       
receipts or from a settlement or final judicial determination of the                                
Dinkum Sands case (United States v. Alaska) and the North Slope                                     
royalty case (State v. Amerada Hess, et al.) and not deposited into the                             
Alaska permanent fund under AS 37.13.010(a)(1) or (2) or into the                               
public school trust fund under AS 37.14.150."                                                       
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, line 20:                                                                                    
          Delete all material and insert:                                                           
   "* Sec. 4.  AS 37.13.010(a) is amended to read:                                                
 (a)  Under art. IX, sec. 15 of the state constitution, there is                                    
established as a separate fund the Alaska permanent fund.  The Alaska                               
permanent fund consists of                                                                          
  (1)  25 percent of all mineral lease rentals, royalties, royalty                                  
sale proceeds, net profit shares under AS 38.05.180(f) and (g), and [25                         
PERCENT OF] federal mineral revenue sharing payments received by                                    
the state from mineral leases issued on or before December 1, 1979,                             
and 25 percent of all bonuses received by the state from mineral leases                             
issued on or before February 15, 1980; [AND]                                                    
  (2)  50 percent of all mineral lease rentals, royalties,                                      
royalty sale proceeds, net profit shares under AS 38.05.180(f) and                              
(g), and federal mineral revenue sharing payments received by the                               
state from mineral leases issued after December 1, 1979, and 50                                 
percent of all bonuses received by the state from mineral leases                                
issued after February 15, 1980; and                                                             
  (3)  any other money appropriated to or otherwise allocated                                   
by law or former law to the Alaska permanent fund.                                                  
   * Sec. 5.  The uncodified law of the State of Alaska is amended by                             
adding a new section to read:                                                                       
          CONDITIONAL EFFECT OF SECTIONS 2 AND 4.  (a)                                              
Before October 1 of each year, the commissioner of revenue shall                                    
calculate the amount by which each permanent fund dividend is                                       

2003-05-12                     Senate Journal                      Page 1342
reduced as a result of the amendment to AS 37.13.010(a) in sec. 3 of                                
this Act when compared to what the amount of each dividend would                                    
have been for that year had the amendment to AS 37.13.010(a) in sec.                                
3 of this Act not taken effect.  If the amount of that reduction is equal                           
to or greater than $20, secs. 2 and 4 of this Act take effect.                                      
          (b)  The calculation under this section shall take into account                           
the change in deposits to the Alaska permanent fund that resulted from                              
the amendment to AS 37.13.010(a) in sec. 3 of this Act for the period                               
beginning on the effective date of that amendment through June 30 of                                
the year the calculation is being made.                                                             
   * Sec. 6.  Sections 1, 3, and 5 of this Act take effect immediately                            
under AS 01.10.070(c).                                                                              
   * Sec. 7.  If secs. 2 and 4 of this Act take effect under sec. 5 of this                       
Act, they take effect on October 1 of the year in which the                                         
commissioner of revenue determines that, as a result of the                                         
amendment to AS 37.13.010(a) in sec. 3 of this Act, the value of the                                
permanent fund dividend for that year has been reduced by at least                                  
$20.  The commissioner of revenue shall promptly notify the revisor of                              
statutes of the date secs. 2 and 4 of this Act take effect."                                        
                                                                                                    
Senator Taylor moved for the adoption of Amendment No. 1. Senator                                   
Elton objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
HB 11                                                                                               
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman,                                  
Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault,                                     
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Elton, French, Lincoln                                                                       
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
HOUSE BILL NO. 11 am S was automatically in third reading.                                          
                                                                                                    
                                                                                                    

2003-05-12                     Senate Journal                      Page 1343
The question being: "Shall HOUSE BILL NO. 11 am S "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" pass the Senate?" The                               
roll was taken with the following result:                                                           
                                                                                                    
HB 11 am S                                                                                          
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Seekins, Stevens B, Stevens                                    
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Ogan,                                  
Olson                                                                                               
                                                                                                    
and so, HOUSE BILL NO. 11 am S passed the Senate.                                                   
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
HB 11 am S                                                                                          
Effective Date Clause                                                                               
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the effective date clause failed.                                                           
                                                                                                    
Senator Wagoner gave notice of reconsideration on HOUSE BILL                                        
NO. 11 AM S(efd fld S) "An Act relating to deposits to the Alaska                                   
permanent fund from mineral lease rentals, royalties, royalty sale                                  

2003-05-12                     Senate Journal                      Page 1344
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."                                             
                                                                                                    
HB 105                                                                                            
CS FOR HOUSE BILL NO. 105(FIN) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 105(FIN) "An                                       
Act relating to loans to satisfy past due federal tax obligations of                                
commercial fishermen and to the commercial fishing loan program"                                    
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSHB 105(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G,                                      
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Nays:  Ogan                                                                                         
                                                                                                    
and so, CS FOR HOUSE BILL NO. 105(FIN) passed the Senate.                                           
                                                                                                    
Senators Hoffman, Lincoln, Olson, moved and asked unanimous                                         
consent to be shown as cross sponsors on the bill. Without objection, it                            
was so ordered.                                                                                     
                                                                                                    
CS FOR HOUSE BILL NO. 105(FIN) was signed by the President                                          
and Secretary and returned to the House.                                                            
                                                                                                    
HB 184                                                                                            
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                                                   
BILL NO. 184(L&C) "An Act relating to individual deferred                                           
annuities; and providing for an effective date" was read the third time.                            
                                                                                                    
Senator French moved and asked unanimous consent that the bill be                                   
returned to second reading for the purpose of a specific amendment,                                 
that being Amendment No. 1. Without objection, the bill was returned                                
to second reading.                                                                                  

2003-05-12                     Senate Journal                      Page 1345
Senator French offered Amendment No. 1:                                                             
                                                                                                    
Page 2, line 29, following "adjustment.":                                                           
 Insert "An adjustment to the calculation of minimum nonforfeiture                                  
amounts authorized under this subsection may not result in an interest                              
rate of less than one percent."                                                                     
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Taylor objected, then withdrew his objection. There being no further                                
objections, Amendment No. 1 was adopted.                                                            
                                                                                                    
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                                                   
BILL NO. 184(L&C) am S was automatically in third reading.                                          
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR SPONSOR                                             
SUBSTITUTE FOR HOUSE BILL NO. 184(L&C) am S "An Act                                                 
relating to individual deferred annuities; and providing for an effective                           
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
SCS CSSSHB 184(L&C) am S                                                                            
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 CS FOR CS FOR SPONSOR SUBSTITUTE FOR                                                 
HOUSE BILL NO. 184(L&C) am S 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.                                                          
                                                                                                    
HB 203                                                                                            
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" was read                                 
the third time.                                                                                     

2003-05-12                     Senate Journal                      Page 1346
Senator French moved and asked unanimous consent that the bill be                                   
returned to second reading for the purpose of a specific amendment,                                 
that being Amendment No. 1. Without objection, the bill was returned                                
to second reading.                                                                                  
                                                                                                    
Senator French  offered Amendment No. 1:                                                            
                                                                                                    
Page 1, line 3, following "Authority;":                                                           
 Insert "relating to appropriations of the dividends to the                                       
Alaska Science and Technology Foundation;"                                                        
                                                                                                    
Page 1, following line 4:                                                                           
 Insert a new bill section to read:                                                                 
   "* Section 1.  AS 44.88.088(a) is amended to read:                                             
  (a)  The authority shall adopt a policy for payment of a                                          
dividend to the state each fiscal year.  The amount of the dividend for                             
a fiscal year may not be less than 25 percent nor more than 50 percent                              
of the net income of the authority for the base fiscal year. In no event,                           
however, shall the dividend for a fiscal year exceed the total                                      
unrestricted net income of the authority for the base fiscal year.  The                             
dividend for a fiscal year shall be made available by the authority                                 
before the end of that fiscal year.  The authority shall notify the                                 
commissioner of revenue when the dividend for a fiscal year is                                      
available for appropriation.  Each fiscal year, an amount equal to                              
$5,000,000 or 25 percent of the dividend, whichever is greater,                                 
may be appropriated to the Alaska Science and Technology                                        
Foundation for payment as grants under AS 37.17.010 - 37.17.110                                 
and AS 37.17.225."                                                                              
                                                                                                    
Page 1, line 5:                                                                                     
 Delete "Section 1."                                                                              
 Insert "Sec. 2."                                                                                 
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, line 4:                                                                                     
 Delete "secs. 1 and 2"                                                                             
 Insert "secs. 2 and 3"                                                                             
                                                                                                    
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Green objected.                                                                                     

2003-05-12                     Senate Journal                      Page 1347
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
HB 203                                                                                              
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
HOUSE BILL NO. 203 was automatically in third reading.                                              
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
HB 203                                                                                              
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, HOUSE BILL NO. 203 passed the Senate.                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    

2003-05-12                     Senate Journal                      Page 1348
                             Unfinished Business                                                 
                                                                                                    
SB 106                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 106(FIN)(efd                                          
fld) "An Act relating to tires" was not taken up this legislative day and                           
the bill was referred to the Secretary for engrossment.                                             
                                                                                                    
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 81                                                                                             
Senator Hoffman requested that the reconsideration on CS FOR                                        
HOUSE BILL NO. 81(STA) be taken up. The bill was before the                                         
Senate on reconsideration.                                                                          
                                                                                                    
The question to be reconsidered: "Shall CS FOR HOUSE BILL NO.                                       
81(STA) "An Act relating to motor vehicle emissions and to                                          
inspection decals and fines relating to motor vehicle emissions; and                                
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSHB 81(STA)                                                                                        
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G,                                       
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Nays:  Dyson                                                                                        
                                                                                                    
and so, CS FOR HOUSE BILL NO. 81(STA) 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                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                                                                                                    

2003-05-12                     Senate Journal                      Page 1349
HB 1                                                                                              
Senators Guess, French, Dyson, Gary Stevens, Wagoner, Seekins,                                      
Lincoln, moved and asked unanimous consent to be shown as cross                                     
sponsors on CS FOR HOUSE BILL NO. 1(JUD) "An Act relating to                                        
stalking and to violating a protective order; and amending Rules 4 and                              
65, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of                                    
Administration." Without objection, it was so ordered.                                              
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
SB 106                                                                                            
CS FOR SENATE BILL NO. 106(FIN)(efd fld) "An Act relating to                                        
tires" was engrossed, signed by the President and Secretary and                                     
transmitted to the House for consideration.                                                         
                                                                                                    
HB 184                                                                                            
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                                                   
BILL NO. 184(L&C) am S "An Act relating to individual deferred                                      
annuities; and providing for an effective date" was engrossed, signed                               
by the President and Secretary and returned to the House for                                        
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., May 13, 2003. Without                                 
objection, the Senate adjourned at 12:34 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    June 2003                       

2003-05-12                     Senate Journal                      Page 1350
                                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                                                         
                                                                                                    
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 12        Monday                    Senate Finance 532            9:00 AM                     
+ SB  30 ABORTION: INFORMED CONSENT; INFORMATION                                                    
              <Public Testimony on Fiscal Impact Only>                                              
+ HB  61 OIL & GAS TAX CREDIT FOR EXPLORATION/DEV                                                   
+= HB  90 TAX CREDIT:SALMON DEVELOPMENT/UTILIZATION                                                 
+ SB 216 INTERNATIONAL AIRPORTS REVENUE BONDS                                                       
+ HB 243 EVALUATION OF AGENCY PROGRAMS                                                              
+             Bills Previously Heard/Scheduled                                                      
              <Committee may recess until 5:30 pm>                                                  
                                                                                                    
May 12        Monday                    Senate Finance 532            5:30 PM                     
              -- Meeting Canceled --                                                                
              Joint w/(H) Finance                                                                   
= SB 220 STATE SALES AND USE TAX                                                                    
+= SB 213 KNIK ARM BRIDGE AND TOLL AUTHORITY                                                        
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-12                     Senate Journal                      Page 1351
                             FINANCE (continued)                                                 
                                                                                                    
May 13        Tuesday                   Senate Finance 532            8:00 AM                     
              -- Time Change --                                                                     
              Joint w/(H) Finance                                                                   
+= SB 220 STATE SALES AND USE TAX                                                                   
              <Invited Testimony Only>                                                              
+             Fisheries Disaster Assistance:                                                        
              Senator Alan Austerman                                                                
+= SB 213 KNIK ARM BRIDGE AND TOLL AUTHORITY                                                        
+= SB 100 APPROP: CAPITAL PROJECTS                                                                  
+= SB 102 CHARITABLE GAMING REVENUE                                                                 
              <Invited Testimony Only>                                                              
+= SB 202 EDUCATION FUNDING &PUPIL TRANSPORTATION                                                   
+ HB 165 COMMUNITY SCHOOLS                                                                          
+ HB 171 REPEAL CHARTER SCHOOL GRANTS                                                               
+ HB 174  CORRESPONDENCE STUDY                                                                      
     SB 179 TEACHER CERTIFICATION : FINGERPRINTS                                                    
              <Above Item Removed from Agenda>                                                      
+ HB 154 UNDER SCHOOL AGE STUDENTS                                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 13        Tuesday                   Senate Finance 532            4:30 PM                     
              -- Time Change --                                                                     
+= SB 185 ROYALTY REDUCTION ON CERTAIN OIL                                                          
+= SB 117 ELIMINATING LONGEVITY BONUS PROGRAM                                                       
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 14        Wednesday                 Senate Finance 532            9:00 AM                     
+ HB 225 MONOPOLY AND RESTRAINT OF TRADE ACTIONS                                                    
+= HB 229 PAROLE FOR MEDICAL/COGNITIVE DISABILITY                                                   
+ HB 266 ELECTIONS                                                                                  
+= SB  26 STATE EMPLOYEES CALLED TO MILITARY DUTY                                                   
+             Bills Previously Heard/Scheduled                                                      
              <Committee may recess until 5:30 pm>                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-12                     Senate Journal                      Page 1352
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 12        Monday                          Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
              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 12        Monday                                Beltz 211         1:00 PM                     
+ HB 102 CONCEALED DEADLY WEAPONS LEGAL                                                             
+ SB 198 DAMAGES RECOVERED BY POLICE/FIREFIGHTER                                                    
+= SB  13 INSURANCE DISCRIMINATION BY CREDIT RATING                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
May 13        Tuesday                               Beltz 211         8:00 AM                     
+ HB 151 DWELLING DESIGN/CONSTRUCTION CLAIMS                                                        
+ SJR  6 CONST AM: 90 DAY LEGISLATIVE SESSION                                                       
+ SJR 18 CONST. AM: PF APPROPS/INFLATION-PROOFING                                                   
+= HB 102 CONCEALED DEADLY WEAPONS LEGAL                                                            
+= SB 198 DAMAGES RECOVERED BY POLICE/FIREFIGHTER                                                   
+= HB  86 INJUNCTIONS AGAINST PERMITTED PROJECTS                                                    
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-12                     Senate Journal                      Page 1353
                               LABOR & COMMERCE                                                  
                                                                                                    
May 13        Tuesday                               Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
= HB 135 MARITAL & FAMILY THERAPISTS                                                                
              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                                                          
+ SB 218 STATE PROCUREMENT PILOT PROGRAM                                                            
+ SCR 14 40-HOUR WORK WEEK FOR STATE EMPLOYEES                                                      
     SB 194 LIQUOR DELIVERED TO HOTELS/CRUISE SHIPS                                                 
              <Bill Hearing Rescheduled to 5/15/03>                                                 
+ HB  83 REVISED UNIFORM ARBITRATION ACT                                                            
+ HB 234 BREWPUBS; ABC BOARD                                                                        
+ HCR 21 ALASKA ENERGY POLICY TASK FORCE                                                            
                                                                                                    
May 15        Thursday                              Beltz 211         1:30 PM                     
+= SB 194 LIQUOR DELIVERED TO HOTELS/CRUISE SHIPS                                                   
              <Above Bill Rescheduled from 5/13/03>                                                 
+ HB 195 INDIVIDUAL HEALTH CARE INSURANCE                                                           
+ HB 257 DISCLOSURES BY REAL ESTATE LICENSEES                                                       
+ HB 232 HOMER MERCURY CLASSIC                                                                      
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
May 12        Monday                          Butrovich 205           3:30 PM                     
+             Confirmation Hearing:                                                                 
              Board of Fisheries - John E. Jensen                                                   
+ HB 226 ORGANIC FOOD                                                                               
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        

2003-05-12                     Senate Journal                      Page 1354
                                STATE AFFAIRS                                                    
                                                                                                    
May 13        Tuesday                               Beltz 211         3:30 PM                     
+= SB 211 REGULATIONS: NOTICE AND DISTRIBUTION                                                      
+ SB 215 SEAFOOD AND FOOD SAFETY LABORATORY                                                         
+ SJR 15 PATRIOT ACT AND DEFENDING CIVIL LIBERTIES                                                  
+ SJR 19 CONST. AM: PERMANENT FUND INCOME                                                           
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 15        Thursday                              Beltz 211         3:30 PM                     
+ HB 209 MUNI.TAX:  PROPERTY AFFECTED BY DISASTER                                                   
+ HB  10 GROUP HEALTH INSURANCE FOR PRIVATE GROUPS                                                  
+ HB  24 AGREEMENTS ON MANAGEMENT OF FISH AND GAME                                                  
+ SCR 13 CANNED SALMON FOR PRISONERS                                                                
+ SB 201 HOME & RESPITE CARE: CRIMINAL RECORDS                                                      
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
May 13        Tuesday                         Butrovich 205           1:30 PM                     
     HB 280 COMMERCIAL MOTOR VEHICLES:REGULATIONS                                                   
+ HB 250 STATE CONTRACTS                                                                            
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                    CONFERENCE COMMITTEE ON HB 75 & HB 76                                        
                                                                                                    
May 12        Monday                    Senate Finance 532            4:00 PM                     
= HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB  76 APPROP:MENTAL HEALTH BUDGET                                                                
              Dept of Health and Social Services