Legislature(2003 - 2004)

2003-05-19 Senate Journal

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2003-05-19                     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