Legislature(2003 - 2004)
2003-05-19 Senate Journal
Full Journal pdf2003-05-19 Senate Journal Page 1581 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday May 19, 2003 One Hundred Nineteenth Day Pursuant to adjournment the Senate was called to order by President Therriault at 5:00 p.m. The roll showed nineteen members present. Senator Ogan was absent. The prayer was offered by the Chaplain, Senator Olson. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our dear Heavenly Father, we thank You for this time that we can get together on such a nice day, to go ahead and think about the blessings that You have given to us, Lord. Lord, we look at what's gone on around us, the springtime coming, the birds in the nests, the flowers blooming, and all the blessings that You have allowed us, as we get ready to go out and enjoy it after the end of the session. We pray during this last couple days for the stamina, the perseverance to continue on, Lord, and especially for wisdom and good judgment as we prepare to make decisions that are going to influence so many people throughout the state. But God, above all, as we have seen many people around us whose health has been compromised, we pray for the health of our own selves, Lord -- our mental health, our physical health, and our spiritual health. God, we also pray for those families that are here, those families that are not here that want to be here, those families that are represented, Lord, as we are getting ready to go back home. Continue to guide us, give us safety, with Your blessings, we ask it in Jesus' name. Amen. 2003-05-19 Senate Journal Page 1582 Senator Lincoln led the Senate in the Pledge of Allegiance. The presence of Senator Ogan was noted. Messages from the House SB 128 Message dated May 18 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 128(FIN) am(efd fld H) "An Act relating to licensing common carriers to dispense alcoholic beverages." The bill was referred to the Secretary for enrollment. SB 147 Message dated May 18 was read, stating the House passed and returned: SENATE BILL NO. 147 "An Act relating to control of nuisance wild animals; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 177 Message dated May 18 was read, stating the House passed and returned: SENATE BILL NO. 177 "An Act relating to cost-of- living benefits for retired members in the public employees' retirement system and the teachers' retirement system who are called to active military duty; and providing for an effective date." The bill was referred to the Secretary for enrollment. 2003-05-19 Senate Journal Page 1583 SB 192 Message dated May 18 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 192(L&C) "An Act relating to teachers and training programs in the Department of Labor and Workforce Development, to the placement in the exempt service of certified teachers employed by the Department of Labor and Workforce Development, to their eligibility to participate in the Teachers' Retirement System of Alaska, and to the functions of the Alaska Workforce Investment Board regarding the Kotzebue Technical Center and the Alaska Vocational Technical Center; relating to local workforce investment areas and boards; repealing the business incentive training program; and providing for an effective date." The bill was referred to the Secretary for enrollment. SJR 16 Message dated May 18 was read, stating the House passed and returned: SENATE JOINT RESOLUTION NO. 16 Encouraging the federal government to end the federal subsidy of ethanol, and requesting the Congress of the United States to mandate that land currently used to grow corn for the production of ethanol be returned to its natural state. The resolution was referred to the Secretary for enrollment. Message dated May 18 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 106 CS FOR HOUSE BILL NO. 106(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: 2003-05-19 Senate Journal Page 1584 "An Act relating to retail tariffing standards in a competitive local exchange service area; and to exemptions from retail tariff filing requirements and certain other provisions in competitive telecommunications markets; setting a policy regarding unbundled network elements in the telecommunications market; relating to depreciation expense rates for certain telecommunications utilities; requiring the Regulatory Commission of Alaska to conduct an investigation, take certain actions, withhold certain actions, and issue a report; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 111 CS FOR HOUSE BILL NO. 111(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to policies in telecommunications regulations; extending the termination date of the Regulatory Commission of Alaska; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 162 CS FOR HOUSE BILL NO. 162(RLS) am BY THE HOUSE RULES COMMITTEE, entitled: "An Act relating to fees adopted by the Department of Natural Resources under AS 44.37.025 or 44.37.027 and to business license fees; and providing for an effective date." was read the first time and referred to the Finance Committee. 2003-05-19 Senate Journal Page 1585 Concur Messages SB 45 Message dated May 18 was received, stating the House passed CS FOR SENATE BILL NO. 45(JUD) "An Act relating to the Legislative Budget and Audit Committee" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 45(FIN) am H (efd add H) "An Act relating to the Legislative Budget and Audit Committee; and providing for an effective date." (technical title change) Message dated May 19 was received, requesting the return of the bill to the House. The bill was returned to the House. SB 71 Message dated May 18 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 71(TRA) "An Act relating to funding for transportation projects; and providing for an effective date" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 71(FIN) Senator Ben Stevens moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 71(FIN) Shall the Senate Concur in the House amendment to CSSB 71(TRA)? 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 2003-05-19 Senate Journal Page 1586 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 71(FIN) "An Act relating to funding for transportation projects; and providing for an effective date." 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: HCS CSSB 71(FIN) Effective Date Clause YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken and so, the effective date clause was adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Reconsideration of House Bills HB 313 Senator Elton requested that the reconsideration on HOUSE BILL NO. 313 am S be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall HOUSE BILL NO. 313 am S "An Act authorizing a pilot program relating to state procurement and the use of electronic commerce tools; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2003-05-19 Senate Journal Page 1587 HB 313 am S Third Reading - On Reconsideration Effective Date YEAS: 16 NAYS: 3 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, French, Green, Guess, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Ellis, Elton, Lincoln Absent: Hoffman and so, HOUSE BILL NO. 313 am S passed the Senate on reconsideration. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Concur Messages (continued) SB 109 Message dated May 18 was read, stating the House passed and returned for consideration SENATE BILL NO. 109 "An Act repealing the statute that sets priorities for the Department of Health and Social Services to apply to administration of the medical assistance program when there are insufficient funds allocated in the state budget for that program; authorizing the department to make cost containment decisions that may include decisions about eligibility of persons and availability of services under the medical assistance program; and providing for an effective date" with the following amendment: HOUSE CS FOR SENATE BILL NO. 109(RLS) Senator Ben Stevens moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: 2003-05-19 Senate Journal Page 1588 HCS SB 109(RLS) Shall the Senate Concur in the House amendment to SB 109? YEAS: 11 NAYS: 8 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, French, Green, Guess, Ogan, Seekins, Stevens B, Taylor, Therriault, Wilken Nays: Davis, Dyson, Ellis, Elton, Lincoln, Olson, Stevens G, Wagoner Absent: Hoffman and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE BILL NO. 109(RLS) "An Act repealing the statute that sets priorities for the Department of Health and Social Services to apply to administration of the medical assistance program when there are insufficient funds allocated in the state budget for that program; authorizing the department to make cost containment decisions that may include decisions about eligibility of persons and availability of services under the medical assistance program; and providing for an effective date." 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: HCS SB 109(RLS) Effective Date Clause YEAS: 12 NAYS: 7 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Lincoln, Olson Absent: Hoffman Olson changed from "Yea" to "Nay". Elton changed from "Yea" to "Nay". 2003-05-19 Senate Journal Page 1589 and so, the effective date clause failed to be adopted. The Secretary was requested to notify the House. HOUSE CS FOR SENATE BILL NO. 109(RLS)(efd fld) "An Act repealing the statute that sets priorities for the Department of Health and Social Services to apply to administration of the medical assistance program when there are insufficient funds allocated in the state budget for that program; and authorizing the department to make cost containment decisions that may include decisions about eligibility of persons and availability of services under the medical assistance program" was referred to the Secretary for enrollment. SB 157 Message dated May 18 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 157(HES) "An Act relating to inpatient psychiatric services for persons who are under 21 years of age and are either eligible for medical assistance or are in the custody of the Department of Health and Social Services" with the following amendment: CS FOR SENATE BILL NO. 157(HES) am H Senator Ben Stevens moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: CSSB 157(HES) am H Shall the Senate Concur in the House amendment to CSSB 157(HES)? YEAS: 17 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Lincoln, Ogan, Seekins, Stevens B, Taylor, Therriault, Wagoner, Wilken Absent: Hoffman, Olson, Stevens G and so, the Senate concurred in the House amendment, thus adopting CS FOR SENATE BILL NO. 157(HES) am H "An Act relating to inpatient psychiatric services for persons who are under 21 years of age and are either eligible for medical assistance or are in the custody of the Department of Health and Social Services." 2003-05-19 Senate Journal Page 1590 The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Standing Committee Reports HB 10 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 10(HES) "An Act relating to pooling by employers and self-employed individuals for purposes of group health insurance; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senators Seekins, Gary Stevens. Signing no recommendation: Senator French. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House Labor and Commerce Committee The bill was referred to the Finance Committee. HB 24 The Resources Committee considered CS FOR HOUSE BILL NO. 24(JUD) "An Act relating to intergovernmental agreements with the federal government regarding management of fish or game in the state." Signing do pass: Senator Ogan, Chair; Senators Dyson, Wagoner, Seekins. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House Resources Committee The bill was referred to the Rules Committee. HB 28 The Resources Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 28(FIN) "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date." Signing do pass: Senator Ogan, Chair; Senators Wagoner, Ben Stevens, Seekins. The following previously published fiscal information applies: Fiscal Note No. 2, Department of Natural Resources 2003-05-19 Senate Journal Page 1591 The bill was referred to the Finance Committee. HB 145 The Judiciary Committee considered CS FOR HOUSE BILL NO. 145(FIN) "An Act prohibiting discrimination in the awarding of attorney fees and costs in civil actions or appeals to or against, or in the posting of bonds or other security by, public interest litigants; and relating to awards of attorney fees and costs in cases involving enforcement of constitutional rights; and providing for an effective date." Signing do pass: Senator Seekins, Chair; Senator Therriault. Signing do not pass: Senators Ellis, French. Signing no recommendation: Senator Ogan. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law Fiscal Note No. 3, zero, Department of Administration The bill is on today's calendar. HB 195 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 195(L&C) am "An Act relating to coverage offered under an individual policy of health care insurance; relating to the state health insurance plan; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 195(L&C) "An Act relating to the state health insurance plan; and providing for an effective date." (Title change authorized by SCR 18) Signing do pass: Senator Bunde, Chair; Senators Seekins, Gary Stevens. Signing no recommendation: Senator French. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Community and Economic Development The bill was referred to the Rules Committee. 2003-05-19 Senate Journal Page 1592 HB 199 The Labor and Commerce Committee considered HOUSE BILL NO. 199 "An Act removing the annual adjustment to the minimum wage based on the rate of inflation; and providing for an effective date." Signing do pass: Senator Bunde, Chair. Signing do not pass: Senator French. Signing no recommendation: Senators Seekins, Gary Stevens. The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Labor and Workforce Development The bill was referred to the Rules Committee. HB 216 The Finance Committee considered CS FOR HOUSE BILL NO. 216(FIN) "An Act relating to and limiting municipal taxation of refined fuel and wholesale sales of fuel, and to the bulk fuel revolving loan fund." Signing do pass: Senator Wilken, Cochair; Senators Hoffman, Olson, Ben Stevens. Signing no recommendation: Senator Green, Cochair; Senator Taylor. The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Revenue Fiscal Note No. 3, zero, Department of Community and Economic Development Fiscal Note No. 4, zero, Department of Community and Economic Development The bill was referred to the Rules Committee. HB 234 The Finance Committee considered CS FOR HOUSE BILL NO. 234(RLS) am "An Act extending the termination date of the Alcoholic Beverage Control Board; relating to the sale of beer manufactured at a brewpub; and providing for an effective date" and recommended the adoption of the Labor and Commerce Senate Committee Substitute offered on page 1386. Signing do pass: Senator Green, Cochair; Senators Bunde, Ben Stevens. Signing do not pass: Senator Wilken, Cochair. Signing no recommendation: Senator Hoffman. 2003-05-19 Senate Journal Page 1593 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Revenue Fiscal Note No. 2, indeterminate, Department of Public Safety The bill is on today's calendar. HB 245 The Finance Committee considered CS FOR HOUSE BILL NO. 245(JUD)(efd fld) "An Act relating to certain suits and claims by members of the military services; relating to certain suits and claims regarding acts or omissions of the organized militia; relating to workers' compensation and death benefits for members of the organized militia; relating to liability arising out of certain search and rescue, civil defense, fire management, and fire fighting activities." Signing do pass: Senator Green, Cochair; Senators Bunde, Ben Stevens. Signing no recommendation: Senator Wilken, Cochair. Signing do not pass: Senators Taylor, Hoffman, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law Fiscal Note No. 2, zero, Department of Natural Resources Fiscal Note No. 3, indeterminate, Department of Administration The bill is on today's calendar. HB 251 The Finance Committee considered CS FOR HOUSE BILL NO. 251(FIN) am "An Act relating to exemption of certain foreign pleasure craft from the mandatory pilotage requirement and to civil fines imposed on the owner or operator of a pleasure craft of foreign registry; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 251(FIN) Signing do pass: Senators Green, Wilken, Cochairs; Senators Bunde, Ben Stevens. Signing no recommendation: Senators Taylor, Hoffman, Olson. 2003-05-19 Senate Journal Page 1594 The following previously published fiscal information applies: Fiscal Note No. 2, Department of Community and Economic Development Forthcoming fiscal information (page 1505) for the Transportation Committee applies: Fiscal Note No. 3, Department of Community and Economic Development The bill is on today's calendar. HB 252 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 252(STA) "An Act relating to the terms and duties of the members of the State Board of Registration for Architects, Engineers and Land Surveyors." Signing do pass: Senator Seekins, Vice Chair; Senator Gary Stevens. Signing no recommendation: Senator French. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the Judiciary Committee. HB 267 The Finance Committee considered CS FOR HOUSE BILL NO. 267(FIN) "An Act authorizing the Alaska Railroad Corporation to provide financing for the acquisition, construction, improvement, maintenance, equipping, and operation of a natural gas pipeline and related facilities for the transportation of natural gas recovered from the North Slope of this state; authorizing the Alaska Railroad Corporation to issue bonds to finance those facilities; and providing for an effective date." Signing do pass: Senators Green, Wilken, Cochairs; Senators Taylor, Ben Stevens. Signing no recommendation: Senators Olson, Hoffman. Signing Amend: Senator Bunde. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Community and Economic Development The bill was referred to the Rules Committee. 2003-05-19 Senate Journal Page 1595 HB 270 The Labor and Commerce Committee considered HOUSE BILL NO. 270 "An Act relating to the licensure of pharmacists; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senators Seekins, Gary Stevens. Signing no recommendation: Senator French. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the Rules Committee. HB 283 The Resources Committee considered HOUSE BILL NO. 283 "An Act relating to limitations on coal leases." Signing do pass: Senator Ogan, Chair; Senators Seekins, Ben Stevens, Wagoner, Dyson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Natural Resources The bill is on today's calendar. SCR 12 The Community and Regional Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 12 Requesting the Local Boundary Commission to consider borough incorporation for certain unorganized areas. Signing do pass: Senator Wagoner, Chair; Senators Taylor, Gary Stevens. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the State Affairs Committee. 2003-05-19 Senate Journal Page 1596 HCR 16 The Judiciary Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(RLS) Proposing amendments to the Uniform Rules of the Alaska State Legislature providing that the 2000 edition of "Mason's Manual of Legislative Procedure" shall implement the rules; relating to meetings of subcommittees and conference committees; and providing for an effective date for the amendments. Signing do pass: Senator Seekins, Chair. Signing no recommendation: Senators Ellis, French, Ogan, Therriault. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Legislative Agency The bill was referred to the Rules Committee. Introduction and Reference of Senate Resolutions SCR 16 SENATE CONCURRENT RESOLUTION NO. 16 BY THE SENATE FINANCE COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 232, relating to mercury classics. was read the first time and held on the Secretary's desk. SCR 17 SENATE CONCURRENT RESOLUTION NO. 17 BY SENATOR DYSON, Requesting the Local Boundary Commission to consider borough incorporation for certain areas. was read the first time and referred to the Community and Regional Affairs and State Affairs Committees. 2003-05-19 Senate Journal Page 1597 SCR 18 SENATE CONCURRENT RESOLUTION NO. 18 BY THE SENATE LABOR AND COMMERCE COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 195, relating to the state health insurance plan. was read the first time and held on the Secretary's desk. Consideration of the Calendar Second Reading of House Bills HB 9 CS FOR HOUSE BILL NO. 9(FIN) am "An Act relating to the registration of individuals who perform home inspections; relating to regulation of contractors; relating to registration fees for specialty contractors, home inspectors, and associate home inspectors; relating to home inspection requirements for residential loans purchased or approved by the Alaska Housing Finance Corporation; relating to civil actions by and against home inspectors and to civil actions arising from residential unit inspections; repealing a law that limits liability for damages based on a duty to inspect a residential unit to damages caused by gross negligence or intentional misconduct; and providing for an effective date" was read the second time. Senator Wilken, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1180. Senator Ellis objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) 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. 2003-05-19 Senate Journal Page 1598 President Therriault stated SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) will be on the May 20 calendar. HB 18 CS FOR HOUSE BILL NO. 18(JUD) am "An Act relating to the liability of parents and legal guardians of minors who destroy property" was read the second time. Senator Dyson, Chair, moved and asked unanimous consent for the adoption of the Health, Education and Social Services Senate Committee Substitute offered on page 1502. Senator Taylor objected. The question being: "Shall the Health, Education and Social Services Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 18(JUD) am Second Reading Adopt HES Committee Substitute? YEAS: 14 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Elton, Guess, Ogan, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Ellis, French, Green, Lincoln, Taylor Absent: Hoffman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 18(HES) "An Act relating to the liability of parents and legal guardians of minors who destroy property; and providing for an effective date" (technical title change) was adopted. President Therriault stated SENATE CS FOR HOUSE BILL NO. 18(HES) will be on the May 20 calendar. HB 102 CS FOR HOUSE BILL NO. 102(STA) "An Act relating to concealed deadly weapons" was read the second time. 2003-05-19 Senate Journal Page 1599 Senator Ben Stevens moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 102(STA) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 102(STA) "An Act relating to concealed deadly weapons" pass the Senate?" The roll was taken with the following result: CSHB 102(STA) Third Reading - Final Passage YEAS: 13 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Cowdery, Dyson, Green, Guess, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Bunde, Davis, Ellis, Elton, French, Lincoln Absent: Hoffman and so, CS FOR HOUSE BILL NO. 102(STA) passed the Senate, was signed by the President and Secretary and returned to the House. HB 145 CS FOR HOUSE BILL NO. 145(FIN) "An Act prohibiting discrimination in the awarding of attorney fees and costs in civil actions or appeals to or against, or in the posting of bonds or other security by, public interest litigants; and relating to awards of attorney fees and costs in cases involving enforcement of constitutional rights; and providing for an effective date" was read the second time. Senator French offered Amendment No. 1 : Page 1, line 6, through page 3, line 23: Delete all material Insert "* Section 1. AS 09.60.10 is amended to read: Sec. 09.60.010. Costs and attorney fees allowed prevailing party. The supreme court shall determine by rule or order the costs, if any, that may be allowed a prevailing party in a civil action. Unless specifically authorized by statute or by agreement between the parties, attorney fees may not be awarded to a party in a civil action for 2003-05-19 Senate Journal Page 1600 personal injury, death, or property damage related to or arising out of fault, as defined in AS 09.17.900, unless the civil action is contested without trial, or fully contested as determined by the court. In a civil action by a public interest litigant against the state or state agency, the prevailing plaintiff shall be entitled to 65 percent of their full reasonable attorney fees. Where a public interest litigant does not prevail, full reasonable attorney fees shall be awarded against a public interest litigant on claims the plaintiff pursued that were frivolous." Renumber the remaining bill sections accordingly. Senator French moved and asked unanimous consent for the adoption of Amendment No. 1. Senator Green objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 145(FIN) Second Reading Amendment No. 1 YEAS: 7 NAYS: 11 EXCUSED: 0 ABSENT: 2 Yeas: Davis, Ellis, Elton, French, Guess, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Absent: Hoffman, Taylor and so, Amendment No. 1 failed. Senator French offered Amendment No. 2 : Page 3, lines 16 - 23: Delete all material Renumber remaining bill sections accordingly. Senator French moved and asked unanimous consent for the adoption of Amendment No. 2. Senator Ben Stevens objected. 2003-05-19 Senate Journal Page 1601 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 145(FIN) Second Reading Amendment No. 2 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. 2 failed. President Therriault stated CS FOR HOUSE BILL NO. 145(FIN) will be on the May 20 calendar. HB 155 CS FOR HOUSE BILL NO. 155(FIN) "An Act relating to the submission of payroll information by contractors and subcontractors performing work on a public construction contract; requiring a notice of work by employers on public construction contracts; providing for the withholding of final payment for public construction contracts; and providing for an effective date" was read the second time. President Therriault stated CS FOR HOUSE BILL NO. 155(FIN) will be on the May 20 calendar. HB 234 CS FOR HOUSE BILL NO. 234(RLS) am "An Act extending the termination date of the Alcoholic Beverage Control Board; relating to the sale of beer manufactured at a brewpub; and providing for an effective date" was read the second time. 2003-05-19 Senate Journal Page 1602 Senator Bunde, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Senate Committee Substitute offered on page 1386. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 234(L&C) "An Act relocating the Alcoholic Beverage Control Board from the Department of Revenue to the Department of Public Safety; extending the termination date of the Alcoholic Beverage Control Board; relating to the sale of beer manufactured at a brewpub; and providing for an effective date" (technical title change) was adopted. President Therriault stated SENATE CS FOR CS FOR HOUSE BILL NO. 234(L&C) will be on the May 20 calendar. HB 243 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" was read the second time. President Therriault stated CS FOR HOUSE BILL NO. 243(STA) will be on the May 20 calendar. HB 245 CS FOR HOUSE BILL NO. 245(JUD)(efd fld) "An Act relating to certain suits and claims by members of the military services; relating to certain suits and claims regarding acts or omissions of the organized militia; relating to workers' compensation and death benefits for members of the organized militia; relating to liability arising out of certain search and rescue, civil defense, fire management, and fire fighting activities" was read the second time. Senator Taylor offered Amendment No. 1 : Page 1, line 13, following "statute": Insert ", except for civil damages resulting from gross negligence or reckless or intentional misconduct" Page 2, line 20, following "18.60.175.": Insert "This section does not apply to a civil action for damages as a result of gross negligence or reckless or intentional misconduct." 2003-05-19 Senate Journal Page 1603 Page 2, line 25, following "orders.": Insert "This subsection does not apply to a civil action for damages as a result of gross negligence or reckless or intentional misconduct." Page 3, following line 4: Insert a new subsection to read: "(c) This section does not apply to a civil action for damages as a result of gross negligence or reckless or intentional misconduct." Page 4, line 14: Delete "a new subsection" Insert "new subsections" Page 4, following line 14: Insert a new subsection to read: "(c) This section does not apply to a civil action for damages as a result of gross negligence or reckless or intentional misconduct." Reletter the following subsection accordingly. Page 5, line 18, following "immunity.": Insert "(a)" Page 5, following line 29: Insert a new subsection to read: "(b) This section does not apply to a civil action for damages as a result of gross negligence or reckless or intentional misconduct." Page 5, line 31, following "immunity.": Insert "(a)" Page 6, following line 12: Insert a new subsection to read: "(b) This section does not apply to a civil action for damages as a result of gross negligence or reckless or intentional misconduct." Senator Taylor moved for the adoption of Amendment No. 1. Senator Green objected. 2003-05-19 Senate Journal Page 1604 Senator Ogan moved for the adoption of the following amendment to Amendment No. 1: Page 1, line 13, following "statute": Insert ", except for civil damages resulting from reckless or intentional misconduct" Page 2, line 20, following "18.60.175.": Insert "This section does not apply to a civil action for damages as a result of reckless or intentional misconduct." Page 2, line 25, following "orders.": Insert "This subsection does not apply to a civil action for damages as a result of reckless or intentional misconduct." Page 3, following line 4: Insert a new subsection to read: "(c) This section does not apply to a civil action for damages as a result of reckless or intentional misconduct." Page 4, line 14: Delete "a new subsection" Insert "new subsections" Page 4, following line 14: Insert a new subsection to read: "(c) This section does not apply to a civil action for damages as a result of reckless or intentional misconduct." Reletter the following subsection accordingly. Page 5, line 18, following "immunity.": Insert "(a)" Page 5, following line 29: Insert a new subsection to read: "(b) This section does not apply to a civil action for damages as a result of reckless or intentional misconduct." 2003-05-19 Senate Journal Page 1605 Page 5, line 31, following "immunity.": Insert "(a)" Page 6, following line 12: Insert a new subsection to read: "(b) This section does not apply to a civil action for damages as a result of reckless or intentional misconduct." Without objection, Amendment No. 1 was amended. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSHB 245(JUD) (efd fld) Second Reading Amendment No. 1 as amended YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Lincoln, Ogan, Olson, Taylor, Wagoner Nays: Cowdery, Green, Seekins, Stevens B, Stevens G, Therriault, Wilken and so, Amendment No. 1 as amended was adopted. (Amendment No. 2 was not offered.) President Therriault stated CS FOR HOUSE BILL NO. 245(JUD) am S will be on the May 20 calendar. Recess Senator Ben Stevens moved and asked unanimous consent that the Senate stand in recess to 8:00 p.m. Without objection, the Senate recessed at 7:15 p.m. 2003-05-19 Senate Journal Page 1606 After Recess The Senate reconvened at 8:57 p.m. Consideration of the Calendar (continued) Second Reading of House Bills (continued) HB 246 CS FOR HOUSE BILL NO. 246(RES)(title am) "An Act relating to certain audits regarding oil and gas royalty and net profits, to audits regarding costs relating to exploration incentive credits and oil and gas exploration licenses, and to the limitation on upland acreage that a person may take or hold under oil and gas leases; and providing for an effective date" was read the second time. Senator Ben Stevens moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 1549. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 246(RES) was adopted. President Therriault stated SENATE CS FOR CS FOR HOUSE BILL NO. 246(RES) will be on the May 20 calendar. Reconsideration of House Bills HB 61 Senator Ellis requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 61(RES) be taken up. The bill was before the Senate on reconsideration. Senator Ben Stevens called the Senate. The call was satisfied. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 61(RES) "An Act establishing an exploration and development incentive tax credit for operators and working interest owners directly engaged in the exploration for and development of gas for sale and delivery without reference to volume from a lease or property in the state; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2003-05-19 Senate Journal Page 1607 SCS CSHB 61(RES) Third Reading - On Reconsideration Effective Dates 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 HOUSE BILL NO. 61(RES) passed the Senate on reconsideration. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Second Reading of House Bills (continued) HB 248 HOUSE BILL NO. 248 "An Act relating to the annual salary of the chief procurement officer; and providing for an effective date" was read the second time. President Therriault stated HOUSE BILL NO. 248 will be on the May 20 calendar. HB 251 CS FOR HOUSE BILL NO. 251(FIN) am "An Act relating to exemption of certain foreign pleasure craft from the mandatory pilotage requirement and to civil fines imposed on the owner or operator of a pleasure craft of foreign registry; and providing for an effective date" was read the second time. Senator Wilken, Chair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1593. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 251(FIN) was adopted. 2003-05-19 Senate Journal Page 1608 President Therriault stated SENATE CS FOR CS FOR HOUSE BILL NO. 251(FIN) will be on the May 20 calendar. HB 269 CS FOR HOUSE BILL NO. 269(FIN) "An Act establishing the Safety Code Task Force; and providing for an effective date" was read the second time. President Therriault stated CS FOR HOUSE BILL NO. 269(FIN) will be on the May 20 calendar. HB 280 CS FOR HOUSE BILL NO. 280(FIN) "An Act relating to the regulation of commercial motor vehicles to avoid loss or withholding of federal highway money, and to out-of-service orders concerning commercial motor vehicles; moving authority for commercial motor vehicle regulation from the Department of Public Safety to the Department of Transportation and Public Facilities; amending Rule 43.1, Alaska Rules of Administration; and providing for an effective date" was read the second time. President Therriault stated CS FOR HOUSE BILL NO. 280(FIN) will be on the May 20 calendar. HB 283 HOUSE BILL NO. 283 "An Act relating to limitations on coal leases" was read the second time. President Therriault stated HOUSE BILL NO. 283 will be on the May 20 calendar. Third Reading of House Bills HB 14 SENATE CS FOR HOUSE BILL NO. 14(STA) was read the third time. 2003-05-19 Senate Journal Page 1609 The question being: "Shall SENATE CS FOR HOUSE BILL NO. 14(STA) "An Act relating to an absence from the state while providing care for a terminally ill family member for purposes of determining eligibility for a permanent fund dividend; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 14(STA) 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 HOUSE BILL NO. 14(STA) 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. HB 79 SENATE CS FOR HOUSE BILL NO. 79(FIN) was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 79(FIN) "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 79(FIN) Third Reading - Final Passage 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 2003-05-19 Senate Journal Page 1610 and so, SENATE CS FOR HOUSE BILL NO. 79(FIN) passed the Senate. Senator Ben Stevens moved for the adoption of the effective date clause. Senator Ben Stevens called the Senate. The call was satisfied. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS HB 79(FIN) Effective Date Clause YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken and so, the effective date clause was adopted. Senator Ellis gave notice of reconsideration. HB 86 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86(JUD) was read the third time. The question being: "Shall SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86(JUD) "An Act relating to state permitted projects; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSSSHB 86(JUD) Third Reading - Final Passage YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Guess, Ogan, Seekins, Stevens B, Taylor, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Hoffman, Lincoln, Olson, Stevens G 2003-05-19 Senate Journal Page 1611 and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86(JUD) passed the Senate. Senator Ben Stevens moved for the adoption of the effective date clause. Objections were heard. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSSSHB 86(JUD) Effective Date Clause YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Lincoln, Olson and so, the effective date clause failed to be adopted. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86(JUD)(efd fld S) "An Act relating to state permitted projects" was referred to the Secretary for engrossment. HB 104 CS FOR HOUSE BILL NO. 104(FSH) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 104(FSH) "An Act relating to payment of the fisheries business tax and to security for collection of the fisheries business tax" pass the Senate?" The roll was taken with the following result: CSHB 104(FSH) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken and so, CS FOR HOUSE BILL NO. 104(FSH) passed the Senate. 2003-05-19 Senate Journal Page 1612 Senator Ellis gave notice of reconsideration. HB 112 SENATE CS FOR CS FOR HOUSE BILL NO. 112(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 112(FIN) "An Act relating to the authority of the Alaska Industrial Development and Export Authority to issue bonds and to a municipal tax exemption for certain assets and projects of the Alaska Industrial Development and Export Authority; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 112(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Lincoln, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Hoffman, Olson Olson changed from "Yea" to "Nay". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 112(FIN) 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. HB 154 CS FOR HOUSE BILL NO. 154(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 154(FIN) "An Act relating to advancement in public schools of children under school age; and providing for an effective date for the Act of July 1, 2004" pass the Senate?" The roll was taken with the following result: 2003-05-19 Senate Journal Page 1613 CSHB 154(FIN) 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 HOUSE BILL NO. 154(FIN) 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: CSHB 154(FIN) Effective Date Clause 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 French changed from "Nay" to "Yea". Elton changed from "Nay" to "Yea". and so, the effective date clause was adopted. Senator Ellis gave notice of reconsideration. HB 165 CS FOR HOUSE BILL NO. 165(HES)(efd fld) was read the third time. 2003-05-19 Senate Journal Page 1614 The question being: "Shall CS FOR HOUSE BILL NO. 165(HES)(efd fld) "An Act relating to community schools" pass the Senate?" The roll was taken with the following result: CSHB 165(HES) (efd fld) 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 and so, CS FOR HOUSE BILL NO. 165(HES)(efd fld) passed the Senate. Senator Ellis gave notice of reconsideration. HB 171 HOUSE BILL NO. 171 am was read the third time. The question being: "Shall HOUSE BILL NO. 171 am "An Act repealing the charter school grant program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 171 am Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken and so, HOUSE BILL NO. 171 am passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. 2003-05-19 Senate Journal Page 1615 HB 174 CS FOR HOUSE BILL NO. 174(FIN) am was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 174(FIN) am "An Act relating to the state centralized correspondence study program, to funding for educational programs that occur primarily outside school facilities, and to the duties of school boards of borough and city school districts and regional educational attendance areas; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 174(FIN) am 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 and so, CS FOR HOUSE BILL NO. 174(FIN) am passed the Senate. Senator Ben Stevens moved for adoption of the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 174(FIN) am 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 to be adopted. Senator Ellis gave notice of reconsideration on CS FOR HOUSE BILL NO. 174(FIN) am(efd fld S) "An Act relating to the state centralized correspondence study program, to funding for educational programs that occur primarily outside school facilities, and to the duties of school boards of borough and city school districts and regional educational attendance areas." 2003-05-19 Senate Journal Page 1616 HB 210 CS FOR HOUSE BILL NO. 210(RES) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 210(RES) "An Act relating to the Chitina dip net fishery; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 210(RES) Third Reading - Final Passage YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Green, Guess, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Ellis, Elton, French, Hoffman, Lincoln, Olson and so, CS FOR HOUSE BILL NO. 210(RES) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Objections were heard. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 210(RES) 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 Senator Ellis gave notice of reconsideration on CS FOR HOUSE BILL NO. 210(RES)(efd fld S) "An Act relating to the Chitina dip net fishery." HB 214 SENATE CS FOR CS FOR HOUSE BILL NO. 214(JUD) was read the third time. 2003-05-19 Senate Journal Page 1617 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 214(JUD) "An Act relating to the recovery of punitive damages against an employer who is determined to be vicariously liable for the act or omission of an employee; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 214(JUD) Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, French, Green, Guess, Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, Lincoln, Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 214(JUD) 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. Objections were heard. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSHB 214(JUD) 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 to be adopted. Senator Taylor gave notice of reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 214(JUD)(efd fld S) "An Act relating to the recovery of punitive damages against an employer who is determined to be vicariously liable for the act or omission of an employee." 2003-05-19 Senate Journal Page 1618 HB 256 SENATE CS FOR HOUSE BILL NO. 256(FIN) was read the third time. Senator Wilken moved 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 Wilken offered Amendment No. 1 : Page l, line 7, following "year.": Insert "The legislature may appropriate the dividend for capital projects." Senator Wilken moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. SENATE CS FOR HOUSE BILL NO. 256(FIN) am S was automatically in third reading. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 256(FIN) am S "An Act relating to a dividend payment to the state made by the Alaska Housing Finance Corporation each fiscal year; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 256(FIN) am S 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 and so, SENATE CS FOR HOUSE BILL NO. 256(FIN) am S passed the Senate. Senator Ben Stevens moved for the adoption of the effective date clause. 2003-05-19 Senate Journal Page 1619 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS HB 256(FIN) am S Effective Date Clause 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 Davis changed from "Nay" to "Yea". and so, the effective date clause was adopted. Senator Ellis gave notice of reconsideration. HB 257 SENATE CS FOR CS FOR HOUSE BILL NO. 257(L&C) was read the third time. Senator French declared a conflict of interest. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 257(L&C) "An Act relating to the disclosure requirements for real estate licensees, to disciplinary action against real estate licensees, to private actions and remedies against real estate licensees, and to real estate licensee agency, relationships, and duties; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 257(L&C) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Taylor 2003-05-19 Senate Journal Page 1620 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 257(L&C) 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 Taylor gave notice of reconsideration. Second Reading of Senate Resolutions SCR 14 SENATE CONCURRENT RESOLUTION NO. 14 was read the second time and was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 14 Relating to requesting the Governor to negotiate a 40-hour workweek with state employees, pass the Senate?" The roll was taken with the following result: SCR 14 Second Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln and so, SENATE CONCURRENT RESOLUTION NO. 14 passed the Senate. Senator Ellis gave notice of reconsideration. 2003-05-19 Senate Journal Page 1621 Citations Honoring - Hillary Walker, First Place in Mathematical and Science Division, 2003 Alaska State Science and Engineering Fair Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - 30 Years of Catholic Community Service, Southeast Alaska Senator(s) Elton, Therriault, Bunde, Cowdery, Ellis, Davis, Dyson, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Representative(s) Kerttula, Weyhrauch Honoring - Stanley and Florence Childs, Fiftieth Wedding Anniversary Senator(s) Cowdery, Therriault, Bunde, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - The Greater Friendly Temple Church of God in Christ, th Bishop Charles D. Williams and Missionary Fannie Williams, 50 Anniversary Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Ramona Perry Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Senator Rick Halford Representative(s) Stoltze Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken 2003-05-19 Senate Journal Page 1622 Honoring - Congressman Don Young, 30 Years of Service Representative(s) Stoltze Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Ian Foley Representative(s) Chenault Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Iver Malutin Representative(s) Ogg Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Taylor, Wagoner, Wilken Honoring - John Miller Representative(s) Joule Senator(s) Olson, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Barbara J. Miklos Representative(s) Berkowitz Senator(s) French, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Brittany Heck Representative(s) Gatto Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken In Memoriam - Chuck Keen Senator(s) Taylor, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Wagoner, Wilken 2003-05-19 Senate Journal Page 1623 In Memoriam - Richard George Dalton, Sr. Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Representative(s) Kookesh In Memoriam - Roland B. Smoke Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken In Memoriam - Burton R. Marsch Senator(s) Ellis, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Representative(s) Gara In Memoriam - Jane Stewart Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Representative(s) Weyhrauch, Kerttula In Memoriam - Lela Susan Copenhagen Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Representative(s) Kerttula, Weyhrauch In Memoriam - Brian C. Henry Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken In Memoriam - William "Bill" Ira Waugaman Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken 2003-05-19 Senate Journal Page 1624 In Memoriam - John C. York Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Representative(s) Kapsner In Memoriam - Carol Treadwell Representative(s) Berkowitz, Whitaker Senator(s) French, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken In Memoriam - Olive Joslin Bell Representative(s) Kohring Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken In Memoriam - Philip Theodore Ames Representative(s) Chenault Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - John Hillstrand Representative(s) Seaton Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Taylor, Wagoner, Wilken In Memoriam - Margot Cormack Mondari Representative(s) Seaton Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Taylor, Wagoner, Wilken Senator Ben Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 2003-05-19 Senate Journal Page 1625 Unfinished Business Reconsideration of Senate Bills SB 215 Senator Wilken requested that the reconsideration on CS FOR SENATE BILL NO. 215(STA) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 215(STA) "An Act relating to a lease-purchase agreement for, the construction and equipping of, and the financing of a seafood and food safety laboratory facility to be operated by the Department of Environmental Conservation, including the issuance of certificates of participation, and the use of certain investment income for certain construction and equipping costs; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 215(STA) Third Reading - On Reconsideration Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Stevens B, Stevens G, Taylor, Wagoner, Wilken Nays: Elton, French, Olson, Therriault and so, CS FOR SENATE BILL NO. 215(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 referred to the Secretary for engrossment. Senator Ben Stevens moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, the Senate returned to: 2003-05-19 Senate Journal Page 1626 Messages from the House Messages dated May 19 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 271 CS FOR HOUSE BILL NO. 271(FIN)(efd am) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act levying and providing for the collection and administration of excise taxes on the rental of passenger and recreational vehicles usable on highways and vehicular ways; and providing for an effective date." was read the first time and referred to Finance Committee. HB 272 CS FOR HOUSE BILL NO. 272(STA) am BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: "An Act relating to the advertising of motor vehicles, including trailers, for sale by motor vehicle dealers; relating to the financing of motor vehicle purchases; relating to motor vehicle sales contracts; relating to the disclosures required to be made by motor vehicle dealers when selling motor vehicles, including trailers, or when their service employees work on commission; relating to a motor vehicle dealer's selling as a new or current model vehicle, a motor vehicle required to be registered under AS 28.10; relating to a motor vehicle dealer's advertising an offer for the sale, lease, or purchase of a motor vehicle, including a trailer; relating to a motor vehicle dealer's conditioning the sale and delivery of a motor vehicle, including a trailer, on the buyer's purchase of other items; and relating to the return of a buyer's trade-in by a motor vehicle dealer." 2003-05-19 Senate Journal Page 1627 was read the first time and referred to the Transportation and Labor and Commerce Committees. Concur Messages SB 13 Message dated May 19 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 13(JUD) "An Act relating to using credit history or insurance scoring for insurance purposes; and providing for an effective date" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 13(L&C) Senator Ben Stevens moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 13(L&C) Shall the Senate concur in the House amendment to CSSB 13(JUD)? Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Absent: Green and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 13(L&C) "An Act relating to using credit history or insurance scoring for insurance purposes; and providing for an effective date." Senator Ben Stevens moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. 2003-05-19 Senate Journal Page 1628 The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 93 Message dated May 19 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 93(JUD) am "An Act relating to limitations on actions to quiet title to, eject a person from, or recover real property or the possession of it; relating to adverse possession; and providing for an effective date" with the following amendment: CS FOR HOUSE BILL NO. 93(JUD) am H Senator Ben Stevens moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: CSSB 93(JUD) am H Shall the Senate concur in the House amendment to CSSB 93(JUD) am? Effective Date YEAS: 14 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Ellis, Elton, Green, Hoffman, Lincoln, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Dyson, French, Ogan, Olson, Taylor Absent: Guess and so, the Senate concurred in the House amendment, thus adopting CS FOR SENATE BILL NO. 93(JUD) am H "An Act relating to limitations on actions to quiet title to, eject a person from, or recover real property or the possession of it; relating to adverse possession; and providing for an effective date." Senator Ben Stevens moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. 2003-05-19 Senate Journal Page 1629 The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Unfinished Business (continued) HB 49 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 49(JUD) "An Act relating to the deoxyribonucleic acid (DNA) identification registration system and testing; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 57 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 57(FIN) "An Act amending the manner of determining the royalty received by the state on gas production as it relates to the manufacture of certain value-added products" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 118 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 118(L&C) "An Act relating to the transportation and sale of certain commercially caught fish by an agent of a commercial fishing permit holder and to the sale of fish; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 135 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 135(HES) "An Act relating to marital and family therapists" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. 2003-05-19 Senate Journal Page 1630 HB 151 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 151(L&C) "An Act relating to claims and court actions for defects in the design, construction, and remodeling of certain dwellings; limiting when certain court actions may be brought; and amending Rules 79 and 82, Alaska Rules of Civil Procedure" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 224 The reconsideration on HOUSE BILL NO. 224 "An Act relating to a tobacco product manufacturer's compliance with certain statutory requirements regarding cigarette sales; and providing for an effective date" was not taken up this legislative day and the bill was signed by the President and the Secretary and returned to the House. HB 225 The reconsideration on HOUSE BILL NO. 225 "An Act relating to certain civil actions brought by the attorney general under monopoly and restraint of trade statutes; relating to the award of damages in actions brought under those statutes; and providing for an effective date" was not taken up this legislative day and the bill was signed by the President and the Secretary and returned to the House. HB 266 The reconsideration on CS FOR HOUSE BILL NO. 266(FIN) "An Act relating to questioned ballots and questioned voters, voter registration, training of election officials, preparation of election materials, provision of election materials, forms, and supplies for polling places, voter identification, absentee voting, and counting ballots; and providing for an effective date" was not taken up this legislative day and the bill was signed by the President and the Secretary and returned to the House. Announcements Announcements are at the end of the journal. 2003-05-19 Senate Journal Page 1631 Engrossment SB 215 CS FOR SENATE BILL NO. 215(STA) "An Act relating to a lease- purchase agreement for, the construction and equipping of, and the financing of a seafood and food safety laboratory facility to be operated by the Department of Environmental Conservation, including the issuance of certificates of participation, and the use of certain investment income for certain construction and equipping costs; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 49 SENATE CS FOR CS FOR HOUSE BILL NO. 49(JUD) "An Act relating to the deoxyribonucleic acid (DNA) identification registration system and testing; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 57 SENATE CS FOR CS FOR HOUSE BILL NO. 57(FIN) "An Act amending the manner of determining the royalty received by the state on gas production as it relates to the manufacture of certain value- added products" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 61 SENATE CS FOR CS FOR HOUSE BILL NO. 61(RES) "An Act establishing an exploration and development incentive tax credit for operators and working interest owners directly engaged in the exploration for and development of gas for sale and delivery without reference to volume from a lease or property in the state; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 86 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86(JUD)(efd fld S) "An Act relating to state permitted projects" was engrossed, signed by the President and Secretary and returned to the House for consideration. 2003-05-19 Senate Journal Page 1632 HB 118 SENATE CS FOR CS FOR HOUSE BILL NO. 118(L&C) "An Act relating to the transportation and sale of certain commercially caught fish by an agent of a commercial fishing permit holder and to the sale of fish; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 135 SENATE CS FOR CS FOR HOUSE BILL NO. 135(HES) "An Act relating to marital and family therapists" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 151 SENATE CS FOR CS FOR HOUSE BILL NO. 151(L&C) "An Act relating to claims and court actions for defects in the design, construction, and remodeling of certain dwellings; limiting when certain court actions may be brought; and amending Rules 79 and 82, Alaska Rules of Civil Procedure" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 313 HOUSE BILL NO. 313 am S "An Act authorizing a pilot program relating to state procurement and the use of electronic commerce tools; 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 20, 2003. Without objection, the Senate adjourned at 11:12 p.m. Kirsten Waid Secretary of the Senate June 2003 2003-05-19 Senate Journal Page 1633 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS May 19 Monday Fahrenkamp 203 1:30 PM Bills Previously Heard/Scheduled + SCR 12 BOROUGH INCORPORATION: UNORG AREAS ---------------------------------------- FINANCE May 19 Monday Senate Finance 532 8:30 AM -- Time Change -- + HB 234 BREWPUBS; ABC BOARD + HB 251 MARINE PILOT FOR FOREIGN PLEASURE CRAFT + HB 267 AK RAILROAD BONDS FOR NAT.GAS TRANSPORT + HB 162 FEES: BUSINESS LICENSE & NATURAL RESOURCE + HB 271 PASSENGER/RECREATIONAL VEHICLE RENTAL TAX <Pending Referral> + HB 111 RCA EXTENSION & POLCIES + Bills Previously Heard/Scheduled May 19 Monday Senate Finance 532 7:45 PM = HB 111 RCA EXTENSION & POLCIES May 20 Tuesday Senate Finance 532 9:00 AM += HB 271 PASSENGER/RECREATIONAL VEHICLE RENTAL TAX + HB 106 TELECOMMUNICATIONS & RCA ACTIONS <Industry Testimony Only> <Time Limit to be Determined> + HB 28 OIL & GAS ROYALTY MODIFICATION + Bills Previously Heard/Scheduled 2003-05-19 Senate Journal Page 1634 LABOR & COMMERCE May 19 Monday Beltz 211 8:00 AM -- Time Change -- + HB 305 UNEMPLOYMENT COMPENSATION BENEFITS HB 288 CHANGING NAME OF DEPT OF COMM & ECON DEV. <Above Item Removed from Agenda> + HB 252 OCC LICENSING: TERMS OF BD & CONT. EDUC + HB 270 PHARMACIST LICENSING + HB 10 GROUP HEALTH INSURANCE FOR PRIVATE GROUPS + HB 199 DELETE MINIMUM WAGE INFLATION - PROOFING Bills Previously Heard/Scheduled += HB 195 INDIVIDUAL HEALTH CARE INSURANCE ---------------------------------------- RESOURCES May 19 Monday Butrovich 205 10:30 AM -- Recessed to Call of Chair -- += HB 24 AGREEMENTS ON MANAGEMENT OF FISH AND GAME += HB 283 COAL LEASES + HB 28 OIL & GAS ROYALTY MODIFICATION + Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 75 & HB 76 May 19 Monday Senate Finance 532 12:00 PM -- Meeting Rescheduled from 5/18/03 -- = HB 75 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 76 APPROP:MENTAL HEALTH BUDGET Depts to be announced May 20 Tuesday Senate Finance 532 -- Time to be Announced -- = HB 75 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 76 APPROP:MENTAL HEALTH BUDGET AK Court System, Office of the Governor, Dept of Fish and Game, University of AK, Dept of Education and Early Development, Dept of Transportation/Public Facilities, Debt Retirement, Language Section, Intent, Fiscal Notes, Mental Health