Legislature(2003 - 2004)

2003-05-20 Senate Journal

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2003-05-20                     Senate Journal                      Page 1635
                                                                                                    
                                   SENATE JOURNAL                                                
                                                                                                    
                              ALASKA STATE LEGISLATURE                                           
                                                                                                    
                      TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                  
                                                                                                    
Juneau, Alaska                               Tuesday                              May 20, 2003    
                                                                                                    
                              One Hundred Twentieth Day                                          
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 3:41 p.m.                                                                             
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Senator Ogan. Senator                                       
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
      Dear Heavenly Father, You have revealed in Your word                                          
      that rule and authority in governments are in keeping with                                    
      Your divine order.                                                                            
                                                                                                    
      Keep us mindful of the sacred trust that You have                                             
      committed to our care by using us as officials of our great                                   
      State of Alaska, to carry out Your plans.                                                     
                                                                                                    
      Give us wisdom and understanding that we may perform                                          
      the duties of our offices for the good of our fellow citizens.                                
                                                                                                    
      Grant us Your grace that we may never use our offices to                                      
      enrich ourselves nor to serve selfish interests.                                              
                                                                                                    
      Hear my prayer, and lead us in the paths of righteousness in                                  
      which You would have us walk for the good of our state                                        
      and for our namesake.                                                                         
                                                                                                    
      We ask You to remember the Senator from Wrangell's                                            
      mom and the wife of the Senator to my right. In Jesus'                                        
      name,                                                                           Amen.         
                                                                                                    
Senator Olson led the Senate in the Pledge of Allegiance.                                           

2003-05-20                     Senate Journal                      Page 1636
                                    Certification                                                
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred eighteenth legislative day be approved as                               
certified by the Secretary with the following correction:                                           
                                                                                                    
            Page 1541, the effective date for HOUSE BILL NO.                                        
            11 should read "See Chapter".                                                           
                                                                                                    
Without objection, the journal was certified as corrected.                                          
                                                                                                    
                                                                                                    
                               Messages from the House                                           
                                                                                                    
SB 26                                                                                             
Message dated May 19 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
            CS FOR SENATE BILL NO. 26(STA) "An Act                                                  
            relating to state employees who are called to active                                    
            duty as reserve or auxiliary members of the armed                                       
            forces of the United States; and providing for an                                       
            effective date."                                                                        
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 148                                                                                            
Message dated May 19 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
            SENATE BILL NO. 148 "An Act relating to                                                 
            allowable absences for certain members of the armed                                     
            forces and their spouses and dependents for purposes                                    
            of eligibility for permanent fund dividends; and                                        
            providing for an effective date."                                                       
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 198                                                                                            
Message dated May 19 was read, stating the House passed and                                         
returned:                                                                                           

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            CS FOR SENATE BILL NO. 198(STA) "An Act                                                 
            relating to recovery of civil damages by a peace                                        
            officer or fire fighter; and providing for an effective                                 
            date."                                                                                  
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 213                                                                                            
Message dated May 19 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
            CS FOR SENATE BILL NO. 213(FIN)(efd fld) "An                                            
            Act establishing the Knik Arm Bridge and Toll                                           
            Authority and relating to that authority."                                              
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 8                                                                                              
Message dated May 20 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
            CS FOR SENATE BILL NO. 8(JUD) "An Act                                                   
            relating to tampering with public records."                                             
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 53                                                                                             
Message dated May 20 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
            SENATE BILL NO. 53 "An Act relating to                                                  
            disposition of a traffic offense involving the death of                                 
            a person; providing for the revocation of driving                                       
            privileges by a court for a driver convicted of a                                       
            violation of traffic laws in connection with a fatal                                    
            motor vehicle or commercial motor vehicle accident;                                     
            amending Rules 43 and 43.1, Alaska Rules of                                             
                Administration; and providing for an effective date."                              
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              

2003-05-20                     Senate Journal                      Page 1638
                                                                                                    
Message dated May 19 was read, stating the House passed and                                         
transmitted for consideration:                                                                      
                                                                                                    
                     First Reading and Reference of House Bills                                  
                                                                                                    
HB 260                                                                                            
CS FOR HOUSE BILL NO. 260(JUD) BY THE HOUSE                                                         
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
                  "An Act relating to immunity for free health care                                
                 services provided by certain health care providers;                               
            and providing for an effective date."                                                   
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Judiciary Committees.                                                                  
                                                                                                    
                                                                                                    
                                   Concur Messages                                               
                                                                                                    
SB 45                                                                                             
Message dated May 19 was read, stating the House passed and                                         
returned for consideration 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)                                                                                 
                                                                                                    
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:                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1639
HCS CSSB 45(FIN)                                                                                    
Shall the Senate Concur in the House                                                                
amendment to CSSB 45(JUD)?                                                                          
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Seekins, Stevens B, Stevens G,                                       
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Absent:  Olson                                                                                      
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 45(FIN) "An Act                                                 
relating to the Legislative Budget and Audit Committee."                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 168                                                                                            
Message dated May 19 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 168(FIN) am                                       
"An Act relating to issuance and revocation of licenses for the                                     
importation, sale, distribution, or manufacture of cigarettes and                                   
tobacco products; relating to a tax refund or credit for unsaleable,                                
returned, or destroyed tobacco products; relating to restrictions on and                            
penalties for shipping or transporting cigarettes; relating to records                              
concerning the sale of cigarettes; amending and adding definitions                                  
relating to cigarette taxes; relating to the payment of cigarette taxes;                            
relating to penalties applicable to cigarette taxes; relating to the                                
definition of the wholesale price of tobacco products; relating to                                  
payment of cigarette taxes through the use of cigarette tax stamps;                                 
relating to provisions making certain cigarettes contraband and subject                             
to seizure and forfeiture; relating to certain crimes, penalties, and                               
interest concerning tobacco taxes and stamps; relating to cigarette                                 
sales; and providing for an effective date" with the following                                      
amendment:                                                                                          
                                                                                                    
            CS FOR SENATE BILL NO. 168(FIN) am H                                                    
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          

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The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
CSSB 168(FIN) am H                                                                                  
Shall the Senate Concur in the House                                                                
amendment to CSSB 168(FIN) am?   Effective Date                                                     
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Seekins, Stevens B, Stevens G,                                       
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Absent:  Olson                                                                                      
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
CS FOR SENATE BILL NO. 168(FIN) am H "An Act relating to                                            
issuance and revocation of licenses for the importation, sale,                                      
distribution, or manufacture of cigarettes and tobacco products;                                    
relating to a tax refund or credit for unsaleable, returned, or destroyed                           
tobacco products; relating to restrictions on and penalties for shipping                            
or transporting cigarettes; relating to records concerning the sale of                              
cigarettes; amending and adding definitions relating to cigarette taxes;                            
relating to the payment of cigarette taxes; relating to penalties                                   
applicable to cigarette taxes; relating to the definition of the wholesale                          
price of tobacco products; relating to payment of cigarette taxes                                   
through the use of cigarette tax stamps; relating to provisions making                              
certain cigarettes contraband and subject to seizure and forfeiture;                                
relating to certain crimes, penalties, and interest concerning tobacco                              
taxes and stamps; relating to cigarette sales; and providing for an                                 
effective date."                                                                                    
                                                                                                    
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.                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                                                                                                    

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                             Standing Committee Reports                                          
                                                                                                    
HB 28                                                                                             
The Finance 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 Green, Cochair; Senators Taylor,                                    
Bunde, Ben Stevens. Signing no recommendation: Senator Wilken,                                      
Cochair; Senators Hoffman, Olson.                                                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Natural Resources                                                 
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 162                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
162(RLS) am "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." Signing do pass:                                
Senator Wilken, Cochair; Senator Ben Stevens. Signing no                                            
recommendation: Senator Green, Cochair; Senators Taylor, Hoffman,                                   
Olson. Signing amend: Senator Bunde.                                                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Natural Resources                                           
 Fiscal Note No. 4, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 271                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
271(FIN)(efd am) "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." Signing do pass: Senators Wilken,                                 
Green, Cochairs; Senator Ben Stevens. Signing do not pass: Senator                                  
Olson. Signing no recommendation: Senators Taylor, Hoffman.                                         
Signing amend: Senator Bunde.                                                                       

2003-05-20                     Senate Journal                      Page 1642
The following fiscal information was published today:                                               
 Fiscal Note No. 3, Department of Revenue                                                           
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                     Introduction and Reference of Senate Bills                                  
                                                                                                    
SB 230                                                                                            
SENATE BILL NO. 230 BY SENATOR DYSON, entitled:                                                     
                                                                                                    
                 "An Act relating to the voluntary deduction of dues                               
            for membership in certain retiree organizations."                                       
                                                                                                    
was read the first time and referred to the State Affairs and Labor and                             
Commerce Committees.                                                                                
                                                                                                    
                                                                                                    
                            Consideration of the Calendar                                        
                                                                                                    
                           Reconsideration of House Bills                                        
                                                                                                    
HB 257                                                                                            
Senator Seekins requested that the reconsideration on SENATE CS                                     
FOR CS FOR HOUSE BILL NO. 257(L&C) be taken up. The bill was                                        
before the Senate on reconsideration.                                                               
                                                                                                    
Senator French declared a conflict of interest.                                                     
                                                                                                    
The question to be reconsidered: "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:                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1643
SCS CSHB 257(L&C)                                                                                   
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Seekins, Stevens B, Stevens G, Taylor,                                        
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Absent:  Hoffman, Olson                                                                             
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 257(L&C)                                                
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                                        
                                                                                                    
HB 24                                                                                             
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" was read the second time.                                  
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 24(JUD) will                                      
be on the May 21 calendar.                                                                          
                                                                                                    
HB 28                                                                                             
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" was read the second time.                                          
                                                                                                    
President Therriault stated CS FOR SPONSOR SUBSTITUTE FOR                                           
HOUSE BILL NO. 28(FIN) will be on the May 21 calendar.                                              
                                                                                                    
                                                                                                    
                                                                                                    

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HB 162                                                                                            
CS FOR HOUSE BILL NO. 162(RLS) am "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 second time.                                                           
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 162(RLS) am                                       
will be on the May 21 calendar.                                                                     
                                                                                                    
                                                                                                    
                           Reconsideration of House Bills                                        
                                                                                                    
HB 174                                                                                            
Senator Elton requested that the reconsideration on CS FOR HOUSE                                    
BILL NO. 174(FIN) am(efd fld S) be taken up. The bill was before the                                
Senate on reconsideration.                                                                          
                                                                                                    
The question to be reconsidered: "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 - On Reconsideration                                                                  
                                                                                                    
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, Hoffman, Lincoln                                         
                                                                                                    
Absent:  Olson                                                                                      
                                                                                                    
and so, CS FOR HOUSE BILL NO. 174(FIN) am passed the Senate                                         
on reconsideration.                                                                                 
                                                                                                    
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:                                                           

2003-05-20                     Senate Journal                      Page 1645
                                                                                                    
CSHB 174(FIN) am                                                                                    
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 and the bill was signed                               
by the President and Secretary and returned to the House.                                           
                                                                                                    
                                                                                                    
                      Second Reading of House Bills (continued)                                  
                                                                                                    
HB 195                                                                                            
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" was read the second time.                                                           
                                                                                                    
Senator Bunde, Chair, moved and asked unanimous consent for the                                     
adoption of the Labor and Commerce Senate Committee Substitute                                      
offered on page 1591. Senator Ellis objected, then withdrew his                                     
objection. There being no further objections, 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" was                                     
adopted.                                                                                            
                                                                                                    
President Therriault stated SENATE CS FOR CS FOR HOUSE BILL                                         
NO. 195(L&C) will be on the May 21 calendar.                                                        
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE CONCURRENT RESOLUTION NO. 18 be brought up as a                                              
special order of business. Without objection, it was so ordered.                                    
                                                                                                    
                              Special Order of Business                                          
                                                                                                    
SCR 18                                                                                            
SENATE CONCURRENT RESOLUTION NO. 18, which had been                                                 
held on the Secretary's desk (page 1597), was read the second time and                              
was before the Senate on final passage.                                                             

2003-05-20                     Senate Journal                      Page 1646
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 18 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, pass the Senate?" The roll                             
was taken with the following result:                                                                
                                                                                                    
SCR 18                                                                                              
Second 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, SENATE CONCURRENT RESOLUTION NO. 18 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
                                                                                                    
                      Second Reading of House Bills (continued)                                  
                                                                                                    
HB 199                                                                                            
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" was read the second time.                                                           
                                                                                                    
President Therriault stated HOUSE BILL NO. 199 will be on the May                                   
21 calendar.                                                                                        
                                                                                                    
HB 216                                                                                            
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" was read the second time.                                 
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 216(FIN) will                                     
be on the May 21 calendar.                                                                          
                                                                                                    
HB 267                                                                                            
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                                 

2003-05-20                     Senate Journal                      Page 1647
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" was read the second                                
time.                                                                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 267(FIN) was read the third time.                                             
                                                                                                    
The question being: "Shall 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" pass the                          
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSHB 267(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 267(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 and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 270                                                                                            
HOUSE BILL NO. 270 "An Act relating to the licensure of                                             
pharmacists; and providing for an effective date" was read the second                               
time.                                                                                               

2003-05-20                     Senate Journal                      Page 1648
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.                                                                       
                                                                                                    
HOUSE BILL NO. 270 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 270 "An Act relating to                                   
the licensure of pharmacists; and providing for an effective date" pass                             
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
HB 270                                                                                              
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. 270 passed the Senate.                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 271                                                                                            
CS FOR HOUSE BILL NO. 271(FIN)(efd am) "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                                   
second time.                                                                                        
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 271(FIN)(efd                                      
am) will be on the May 21 calendar.                                                                 
                                                                                                    
                                                                                                    
                            Third Reading of House Bills                                         
                                                                                                    
HB 9                                                                                              
SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) was read the                                             
third time.                                                                                         

2003-05-20                     Senate Journal                      Page 1649
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 9(FIN) "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" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
SCS CSHB 9(FIN)                                                                                     
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Davis, Ellis, Elton, French, Green, Guess, Lincoln,                                   
Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Cowdery, Dyson, Hoffman, Ogan, Olson, Taylor                                                 
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 9(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 clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Taylor gave notice of reconsideration.                                                      
                                                                                                    
                                                                                                    
                           Reconsideration of House Bills                                        
                                                                                                    
HB 79                                                                                             
Senator Seekins requested that the reconsideration on 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" be taken up. The bill was before the                               
Senate on reconsideration.                                                                          

2003-05-20                     Senate Journal                      Page 1650
Senator Seekins 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 Seekins offered Amendment No. 1 :                                                            
                                                                                                    
Page 1, line 6:                                                                                     
 Delete "2004"                                                                                  
 Insert  "2008"                                                                                 
                                                                                                    
Senator Seekins moved for the adoption of Amendment No. 1. Senator                                  
Wilken objected.                                                                                    
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS HB 79(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Seekins, Stevens G                                                                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Stevens B, Taylor,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
SENATE CS FOR HOUSE BILL NO. 79(FIN) was automatically in                                           
third reading.                                                                                      
                                                                                                    
Senator Lincoln called the Senate, then lifted the call.                                            
                                                                                                    
Senator Lincoln moved that the bill be returned to second reading for                               
the purpose of a specific amendment, that being Amendment No. 2.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Lincoln offered Amendment No. 2 :                                                            
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1651
Page 1, line 6:                                                                                     
 Delete "2004"                                                                                  
 Insert  "2005"                                                                                 
                                                                                                    
Senator Lincoln moved for the adoption of Amendment No. 2.                                          
Objections were heard.                                                                              
                                                                                                    
Senator Taylor called the Senate. The call was satisfied.                                           
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS HB 79(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Seekins, Stevens G, Taylor                                                                          
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Stevens B, Therriault,                                   
Wagoner, Wilken                                                                                     
                                                                                                    
and so, Amendment No. 2 was adopted.                                                                
                                                                                                    
SENATE CS FOR HOUSE BILL NO. 79(FIN) am S was                                                       
automatically in third reading.                                                                     
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR HOUSE                                         
BILL NO. 79(FIN) am S "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) am S                                                                                 
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G,                                      
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Nays:  Ogan                                                                                         

2003-05-20                     Senate Journal                      Page 1652
                                                                                                    
and so, SENATE CS FOR HOUSE BILL NO. 79(FIN) 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.                                                          
                                                                                                    
                                                                                                    
                      Third Reading of House Bills (continued)                                   
                                                                                                    
HB 18                                                                                             
SENATE CS FOR CS FOR HOUSE BILL NO. 18(HES) was read the                                            
third time.                                                                                         
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SCS CSHB 18(HES)                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G,                                         
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Lincoln, Taylor, Therriault                                                                  
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 18(HES)                                                 
passed the Senate.                                                                                  
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    

2003-05-20                     Senate Journal                      Page 1653
HB 145                                                                                            
CS FOR HOUSE BILL NO. 145(FIN) was read the third time.                                             
                                                                                                    
The question being: "Shall 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"  pass the                               
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSHB 145(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                                  
                                                                                                    
and so, CS FOR HOUSE BILL NO. 145(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 145(FIN)                                                                                       
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.                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1654
Senator Ellis gave notice of reconsideration on CS FOR HOUSE BILL                                   
NO. 145(FIN)(efd fld S) "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."                                                    
                                                                                                    
                                                                                                    
                                       Recess                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in recess to 7:00 p.m. Without objection, the Senate                                   
recessed at 5:58 p.m.                                                                               
                                                                                                    
                                                                                                    
                                    After Recess                                                 
                                                                                                    
The Senate reconvened at 8:34 p.m.                                                                  
                                                                                                    
                                                                                                    
                      Consideration of the Calendar (continued)                                  
                                                                                                    
                      Third Reading of House Bills (continued)                                   
                                                                                                    
                                                                                                    
HB 155                                                                                            
CS FOR HOUSE BILL NO. 155(FIN) was read the third time.                                             
                                                                                                    
The question being: "Shall 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" pass the                               
Senate?" The roll was taken with the following result:                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1655
CSHB 155(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                        
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Absent:  Guess, Lincoln                                                                             
                                                                                                    
and so, CS FOR HOUSE BILL NO. 155(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 clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 234                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 234(L&C) was read                                               
the third time.                                                                                     
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
SCS CSHB 234(L&C)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G,                                      
Taylor, Wagoner                                                                                     
                                                                                                    
Nays:  Ogan, Therriault, Wilken                                                                     
                                                                                                    
Olson changed from "Nay" to "Yea".                                                                  

2003-05-20                     Senate Journal                      Page 1656
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 234(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 and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 243                                                                                            
CS FOR HOUSE BILL NO. 243(STA) was read the third time.                                             
                                                                                                    
The question being: "Shall 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" pass the                                      
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSHB 243(STA)                                                                                       
Third 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, CS FOR HOUSE BILL NO. 243(STA) 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 243(STA)                                                                                       
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                                  
                                                                                                    

2003-05-20                     Senate Journal                      Page 1657
and so, the effective date clause failed to be adopted.                                             
                                                                                                    
Senator Ellis gave notice of reconsideration on CS FOR HOUSE BILL                                   
NO. 243(STA)(efd fld S) "An Act establishing state agency program                                   
performance management and audit powers in the Office of the                                        
Governor for the evaluation of agency programs."                                                    
                                                                                                    
HB 245                                                                                            
CS FOR HOUSE BILL NO. 245(JUD) am S "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 third time.                                                       
                                                                                                    
Senator Seekins moved and asked unanimous consent that the bill be                                  
returned to second reading for the purpose of a specific amendment,                                 
that being Amendment No. 3. Without objection, the bill was returned                                
to second reading.                                                                                  
                                                                                                    
Senator Seekins offered Amendment No. 3 :                                                            
                                                                                                    
Page 1, line 13, following "statute":                                                               
            Insert ", except for civil damages resulting from intentional                           
misconduct within the course and scope of employment or agency and                                  
with complete disregard for the safety and property of others"                                      
                                                                                                    
Page 2, line 20, following "18.60.175.":                                                            
            Insert "This section does not apply to a civil action for                               
damages as a result of intentional misconduct within the course and                                 
scope of employment or agency and with complete disregard for the                                   
safety and property of others."                                                                     
                                                                                                    
Page 2, line 25, following "orders.":                                                               
            Insert "This subsection does not apply to a civil action for                            
damages as a result of intentional misconduct within the course and                                 
scope of employment or agency and with complete disregard for the                                   
safety and property of others."                                                                     
                                                                                                    

2003-05-20                     Senate Journal                      Page 1658
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 intentional misconduct within the course and scope of                                     
employment or agency and with complete disregard for the safety and                                 
property of others."                                                                                
                                                                                                    
Page 4, lines 12 - 13:                                                                              
 Delete ", except when malice or reckless indifference to the                                   
interests, rights, or safety of others is shown by clear and                                    
convincing evidence"                                                                            
                                                                                                    
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 intentional misconduct within the course and scope of                                     
employment or agency and with complete disregard for the safety and                                 
property of others."                                                                                
                                                                                                    
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 intentional misconduct within the course and scope of                                     
employment or agency and with complete disregard for the safety and                                 
property of others."                                                                                
                                                                                                    
Page 5, line 31, following "immunity.":                                                           
 Insert "(a)"                                                                                       
                                                                                                    
Page 6, following line 12:                                                                          
 Insert a new subsection to read:                                                                   

2003-05-20                     Senate Journal                      Page 1659
 "(b)  This section does not apply to a civil action for damages as a                               
result of intentional misconduct within the course and scope of                                     
employment or agency and with complete disregard for the safety and                                 
property of others."                                                                                
                                                                                                    
Senator Seekins moved for the adoption of Amendment No. 3. Senator                                  
Taylor objected.                                                                                    
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSHB 245(JUD) am S                                                                                  
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Taylor                                                                                              
                                                                                                    
and so, Amendment No. 3 was adopted.                                                                
                                                                                                    
CS FOR HOUSE BILL NO. 245(JUD) am S was automatically in                                            
third reading.                                                                                      
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 245(JUD) am                                        
S "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" pass the Senate?" The roll                                
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1660
CSHB 245(JUD) am S                                                                                  
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Taylor                                                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 245(JUD) am S passed the                                              
Senate.                                                                                             
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 246                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 246(RES) "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 third time.                                           
                                                                                                    
Senator Ellis called the Senate, then lifted the call.                                              
                                                                                                    
Senator Ogan 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 Ogan offered Amendment No. 1 :                                                               
                                                                                                    
Page 3, line 14, following "law.":                                                                  
 Insert "The authority to issue a subpoena under this section may                                   
not be delegated by the commissioner."                                                              
                                                                                                    
Senator Ogan moved for the adoption of Amendment No. 1. Senator                                     
Elton objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    

2003-05-20                     Senate Journal                      Page 1661
SCS CSHB 246(RES)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, French, Green, Guess,                                          
Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G,                                       
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Nays:  Davis, Elton                                                                                 
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 246(RES) am S was                                               
automatically in third reading.                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 246(RES) am S "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" pass the                             
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SCS CSHB 246(RES) am S                                                                              
Third Reading - Final Passage                                                                       
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. 246(RES) am                                             
S passed the Senate.                                                                                
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    

2003-05-20                     Senate Journal                      Page 1662
HB 248                                                                                            
HOUSE BILL NO. 248 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 248 "An Act relating to                                   
the annual salary of the chief procurement officer; and providing for                               
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
HB 248                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, Green, Guess, Hoffman,                                         
Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner                                          
                                                                                                    
Nays:  Davis, Ellis, French, Lincoln, Ogan, Olson, Wilken                                           
                                                                                                    
Davis changed from "Yea" to "Nay".                                                                  
Ogan changed from "Yea" to "Nay".                                                                   
                                                                                                    
and so, HOUSE BILL NO. 248 passed the Senate.                                                       
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
HB 248                                                                                              
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.                                                       
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1663
HB 251                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 251(FIN) "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 third time.                                                     
                                                                                                    
Senators Wilken, Dyson, Cowdery, Ben Stevens, Olson, Wagoner,                                       
Therriault, moved and asked unanimous consent to be shown as cross                                  
sponsors on the bill. Without objection, it was so ordered.                                         
                                                                                                    
Senator Taylor 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 Taylor offered Amendment No. 1 :                                                             
                                                                                                    
Page 3, line 25                                                                                     
After the word "information" insert:                                                                
"including the boating immunity provisions of Alaska law"                                           
                                                                                                    
Senator Taylor  moved 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:                                                                
                                                                                                    
SCS CSHB 251(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  4   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Ellis, Ogan, Taylor                                                                   
                                                                                                    
Nays:  Cowdery, Davis, Dyson, Elton, French, Green, Guess,                                          
Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 251(FIN) was                                                    
automatically in third reading.                                                                     

2003-05-20                     Senate Journal                      Page 1664
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 251(FIN) "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" pass the Senate?" The                                
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 251(FIN)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 251(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 and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 269                                                                                            
CS FOR HOUSE BILL NO. 269(FIN) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 269(FIN) "An                                       
Act establishing the Safety Code Task Force; and providing for an                                   
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSHB 269(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, French, Green, Guess,                                   
Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G, Therriault,                                 
Wagoner                                                                                             
                                                                                                    
Nays:  Elton, Ogan, Taylor, Wilken                                                                  

2003-05-20                     Senate Journal                      Page 1665
                                                                                                    
and so, CS FOR HOUSE BILL NO. 269(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 and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 280                                                                                            
CS FOR HOUSE BILL NO. 280(FIN) was read the third time.                                             
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
CSHB 280(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Dates - Court Rule                                                                        
                                                                                                    
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                                                                                       
                                                                                                    
and so, CS FOR HOUSE BILL NO. 280(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 clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the Court                                 
Rule change. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    

2003-05-20                     Senate Journal                      Page 1666
HB 283                                                                                            
HOUSE BILL NO. 283 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 283 "An Act relating to                                   
limitations on coal leases" pass the Senate?" The roll was taken with                               
the following result:                                                                               
                                                                                                    
HB 283                                                                                              
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, HOUSE BILL NO. 283 passed the Senate.                                                       
                                                                                                    
Senators Wagoner, Seekins, Dyson, Taylor, Ben Stevens, Cowdery,                                     
Olson, Wilken, Green, moved and asked unanimous consent to be                                       
shown as cross sponsors on the bill. Without objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                         Second Reading of House Resolutions                                     
                                                                                                    
HJR 14                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 14(STA) Urging that                                               
the 2006 National Veterans Wheelchair Games be held in Anchorage,                                   
Alaska, was read the second time.                                                                   
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
resolution be advanced to third reading and placed on final passage.                                
                                                                                                    
CS FOR HOUSE JOINT RESOLUTION NO. 14(STA) was read the                                              
third time.                                                                                         
                                                                                                    
The question being: "Shall CS FOR HOUSE JOINT RESOLUTION                                            
NO. 14(STA) Urging that the 2006 National Veterans Wheelchair                                       
Games be held in Anchorage, Alaska, pass the Senate?" The roll was                                  
taken with the following result:                                                                    

2003-05-20                     Senate Journal                      Page 1667
                                                                                                    
CSHJR 14(STA)                                                                                       
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 JOINT RESOLUTION NO. 14(STA) passed                                            
the Senate.                                                                                         
                                                                                                    
Senators Ellis, Dyson, Gary Stevens, Seekins, Wagoner, Lincoln,                                     
French, Taylor, Guess, Cowdery, Bunde, Olson, Davis, moved and                                      
asked unanimous consent to be shown as cross sponsors on the                                        
resolution. Without objection, it was so ordered.                                                   
                                                                                                    
CS FOR HOUSE JOINT RESOLUTION NO. 14(STA) was signed by                                             
the President and Secretary and returned to the House.                                              
                                                                                                    
HJR 22                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) Relating to the                                           
USA PATRIOT Act, the Bill of Rights, the Constitution of the State of                               
Alaska, and the civil liberties, peace, and security of the citizens of our                         
country was read the second time.                                                                   
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Senate Committee Substitute offered on page                               
1508. Without objection, SENATE CS FOR CS FOR HOUSE JOINT                                           
RESOLUTION NO. 22(JUD) was adopted.                                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
resolution be considered engrossed, advanced to third reading and                                   
placed on final passage. Without objection, it was so ordered.                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
22(JUD) was read the third time.                                                                    
                                                                                                    
Senators Davis, Cowdery, moved and asked unanimous consent to be                                    
shown as cross sponsors on the resolution. Without objection, it was                                
so ordered.                                                                                         

2003-05-20                     Senate Journal                      Page 1668
The question being: "Shall SENATE CS FOR CS FOR HOUSE                                               
JOINT RESOLUTION NO. 22(JUD) Relating to the USA PATRIOT                                            
Act, the Bill of Rights, the Constitution of the State of Alaska, and the                           
civil liberties, peace, and security of the citizens of our country, pass                           
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
SCS CSHJR 22(JUD)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                 
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                                                 
NO. 22(JUD) passed the Senate and was referred to the Secretary for                                 
engrossment.                                                                                        
                                                                                                    
HJR 29                                                                                            
HOUSE JOINT RESOLUTION NO. 29 Relating to the establishment                                         
of Reserve Officer Training Corps programs in Alaska by the United                                  
States Coast Guard, was read the second time.                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
resolution be advanced to third reading and placed on final passage.                                
Without objection, it was so ordered.                                                               
                                                                                                    
Senators Ellis, French, Wagoner, Davis, Taylor, Ben Stevens, moved                                  
and asked unanimous consent to be shown as cross sponsors on the                                    
resolution. Without objection, it was so ordered.                                                   
                                                                                                    
HOUSE JOINT RESOLUTION NO. 29 was read the third time.                                              
                                                                                                    
The question being: "Shall HOUSE JOINT RESOLUTION NO. 29                                            
Relating to the establishment of Reserve Officer Training Corps                                     
programs in Alaska by the United States Coast Guard, pass the                                       
Senate?" The roll was taken with the following result:                                              
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1669
                                                                                                    
HJR 29                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                 
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, HOUSE JOINT RESOLUTION NO. 29 passed the Senate,                                            
was signed by the President and Secretary and returned to the House.                                
                                                                                                    
HCR 21                                                                                            
CS FOR HOUSE CONCURRENT RESOLUTION NO. 21(FIN)                                                      
Relating to establishing the Alaska Energy Policy Task Force, 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                                 
1508. Without objection, SENATE CS FOR CS FOR HOUSE                                                 
CONCURRENT RESOLUTION NO. 21 (FIN) was adopted and was                                              
before the Senate on final passage.                                                                 
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE                                               
CONCURRENT RESOLUTION NO. 21(FIN) Relating to                                                       
establishing the Alaska Energy Policy Task Force, pass the Senate?"                                 
The roll was taken with the following result:                                                       
                                                                                                    
SCS CSHCR 21(FIN)                                                                                   
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  18   NAYS:  1   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Olson, Seekins, Stevens B, Stevens G, Taylor,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Ogan                                                                                         
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE CONCURRENT                                                       
RESOLUTION NO. 21(FIN) passed the Senate.                                                           

2003-05-20                     Senate Journal                      Page 1670
Senators Ellis, Dyson, Taylor, Elton, Wilken, Olson, moved and asked                                
unanimous consent to be shown as cross sponsors on the resolution.                                  
Without objection, it was so ordered.                                                               
                                                                                                    
SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION                                                    
NO. 21(FIN) 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:                                                                                 
                                                                                                    
                                                                                                    
                               Messages from the House                                           
                                                                                                    
SB 146                                                                                            
Message dated May 20 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
                      SENATE BILL NO. 146 "An Act relating to a                                    
                commemorative veterans' license plate; and providing                               
            for an effective date."                                                                 
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Message dated May 20 was read, stating the House passed and                                         
transmitted for consideration:                                                                      
                                                                                                    
                           First Reading and Reference of                                        
                                  House Resolutions                                              
                                                                                                    
HCR 23                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 23 BY THE HOUSE                                                     
JUDICIARY COMMITTEE,                                                                                
                                                                                                    
            Suspending Rules 24(c), 35, 41(b), and 42(e),                                           
            Uniform Rules of the Alaska State Legislature,                                          
            concerning Senate Bill No. 85, relating to sentencing                                   
            and to the earning of good time deductions for certain                                  
            sexual offenses.                                                                        
                                                                                                    
was read the first time and held on the Secretary's desk.                                           

2003-05-20                     Senate Journal                      Page 1671
                                   Concur Messages                                               
                                                                                                    
SB 85                                                                                             
Message dated May 20 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 85(STA) "An                                       
Act relating to sentencing and to the earning of good time deductions                               
for certain sexual offenses" with the following amendment:                                          
                                                                                                    
            HOUSE CS FOR CS FOR SENATE BILL NO.                                                     
            85(JUD) "An Act relating to the factors that may be                                     
            considered in making a crime victim compensation                                        
            award; relating to sentencing and to the earning of                                     
            good time deductions for certain sexual offenses."                                      
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House amendment                                 
to CS FOR SENATE BILL NO. 85(STA)?" The roll was taken with                                         
the following result:                                                                               
                                                                                                    
HCS CSSB 85(JUD)                                                                                    
Shall the Senate concur in the House amendment                                                      
to CSSB 85(STA)?                                                                                    
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                 
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 85(JUD) "An Act                                                 
relating to the factors that may be considered in making a crime victim                             
compensation award; relating to sentencing and to the earning of good                               
time deductions for certain sexual offenses." (Title change authorized                              
by HCR 23)                                                                                          
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              

2003-05-20                     Senate Journal                      Page 1672
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that                                          
HOUSE CONCURRENT RESOLUTION NO. 23 be brought up as a                                               
Special Order of Business. Without objection, it was so ordered.                                    
                                                                                                    
                              Special Order of Business                                          
                                                                                                    
HCR 23                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 23, which had been                                                  
held on the Secretary's desk (page 1670), was read the second time and                              
was before the Senate on final passage.                                                             
                                                                                                    
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 23 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning Senate Bill No. 85,                                     
relating to sentencing and to the earning of good time deductions for                               
certain sexual offenses, pass the Senate?" The roll was taken with the                              
following result:                                                                                   
                                                                                                    
HCR 23                                                                                              
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                 
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, HOUSE CONCURRENT RESOLUTION NO. 23 passed the                                               
Senate and was signed by the President and the Secretary and returned                               
to the House.                                                                                       
                                                                                                    
                         Messages from the House (continued)                                     
                                                                                                    
                                   Concur Messages                                               
                                                                                                    
SB 175                                                                                            
Message dated May 20 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 175(JUD)(efd                                      
fld) "An Act relating to civil liability for inherent risks in sports or                            
recreational activities" with the following amendment:                                              

2003-05-20                     Senate Journal                      Page 1673
 HOUSE CS FOR CS FOR SENATE BILL NO. 175(JUD)                                                       
                                                                                                    
President Therriault stated the message would be held on the                                        
Secretary's Desk.                                                                                   
                                                                                                    
                                                                                                    
                                      Citations                                                  
                                                                                                    
Honoring - Michael L. Pannone                                                                       
Senator(s) Bunde, Therriault, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
                                                                 th                                 
Honoring - Marlene and Bob Lynn, 50 Wedding Anniversary                                             
Celebration                                                                                         
Senator(s) Bunde, Therriault, Cowdery, Davis, Dyson, Elton, French,                                 
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
Honoring - Andrew "Andy" Jimmie                                                                     
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
                                                      th                                            
Honoring - Con and Shirley Seay, 50 Wedding Anniversary                                             
Representative(s) Coghill                                                                           
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - John Davies                                                                              
Representative(s) Guttenberg                                                                        
Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                
Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Ben                                     
Stevens, Gary Stevens, Taylor, Wagoner, Wilken                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1674
Honoring - Joe J. Thomas, Business Manager/Secretary-Treasurer,                                     
Laborers Local 942                                                                                  
Representative(s) Guttenberg                                                                        
Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Ben Stevens,                                    
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
Honoring - Big Lake Lions                                                                           
Representative(s) Masek                                                                             
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - Kodiak National Wildlife Refuge, National Wildlife                                       
Refuge System Centennial Anniversary                                                                
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 - Rod and Becky Hansen and BigFatJam                                                       
Representative(s) Stoltze, Dahlstrom                                                                
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - Denice O'Shane                                                                           
Representative(s) Stoltze, Dahlstrom                                                                
Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                   
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary                                   
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - Sheila Wallace                                                                           
Representative(s) Kapsner                                                                           
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                    
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1675
Honoring - Ann Marie Svedin, 2003 Outstanding Middle School,                                        
Physical Education Teacher of the Year                                                              
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                                                                    
                                                                                                    
Honoring - Arthur Simonian                                                                          
Representative(s) Kohring, Hawker                                                                   
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Elton, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
Honoring - Ray Schafer, Wasilla Chamber of Commerce, 2002 Youth                                     
of the Year                                                                                         
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                                                                    
                                                                                                    
Honoring - David H. Holmquist, Wasilla Chamber of Commerce,                                         
2002 Educator of the Year                                                                           
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                                                                    
                                                                                                    
Honoring - Clark and Stacy Buswell, Thirtieth Wedding Anniversary                                   
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                                                                    
                                                                                                    
Honoring - Curtis D. Menard, Wasilla Chamber of Commerce, 2002                                      
Citizen of the Year                                                                                 
Representative(s) Kohring                                                                           
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Elton, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    

2003-05-20                     Senate Journal                      Page 1676
Honoring - Andrew Michael Gardner                                                                   
Representative(s) Cissna                                                                            
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
In Memoriam - Dr. Timothy B. Powers                                                                 
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                    
Stevens, Gary Stevens, Taylor, Wilken                                                               
                                                                                                    
In Memoriam - Lauran Amanda Manning                                                                 
Representative(s) Coghill                                                                           
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
In Memoriam - Mike Kozlowski                                                                        
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
In Memoriam - Eugene Dale Johnson                                                                   
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
In Memoriam - Lucille C. Brenwick                                                                   
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
In Memoriam - Hudson Sam                                                                            
Representative(s) Morgan,                                                                           
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1677
In Memoriam - Raymond James Shinn                                                                   
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
In Memoriam - Albert "Van" Van Ornum                                                                
Representative(s) Stoltze                                                                           
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
In Memoriam - Lydia Alice Mina McCarthy                                                             
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 - Gerald R. Bosch                                                                       
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 - Junia Lesa Williams-Davis                                                             
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 - Edward Odin Strandberg                                                                
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 - Esther Morrison Nix                                                                   
Representative(s) Kookesh                                                                           
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    

2003-05-20                     Senate Journal                      Page 1678
In Memoriam - Aanooalh Filoialh                                                                     
Representative(s) Cissna                                                                            
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
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.                                                          
                                                                                                    
                                                                                                    
                                 Unfinished Business                                             
                                                                                                    
                           Reconsideration of House Bills                                        
                                                                                                    
HB 154                                                                                            
Senator Wilken requested that the reconsideration on CS FOR                                         
HOUSE BILL NO. 154(FIN) be taken up. The bill was before the                                        
Senate on reconsideration.                                                                          
                                                                                                    
The question to be reconsidered: "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:                                                                                   
                                                                                                    
CSHB 154(FIN)                                                                                       
Third Reading - On Reconsideration                                                                  
                                                                                                    
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".                                                                  
                                                                                                    
and so, CS FOR HOUSE BILL NO. 154(FIN) passed the Senate on                                         
reconsideration.                                                                                    
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1679
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:  6   NAYS:  13   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Ellis, Elton, French, Guess, Lincoln, Olson                                                  
                                                                                                    
Nays:  Bunde, Cowdery, Davis, Dyson, Green, Ogan, Seekins, Stevens                                  
B, Stevens G, Taylor, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so the effective date clause failed to be adopted.                                              
                                                                                                    
CS FOR HOUSE BILL NO. 154(FIN)(efd fld S) "An Act relating to                                       
advancement in public schools of children under school age" was                                     
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 14                                                                                             
The reconsideration on 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" was not taken up this legislative day and the bill was                              
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 104                                                                                            
The reconsideration on 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" was not taken up this                                     
legislative day and the bill was signed by the President and the                                    
Secretary and returned to the House.                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1680
HB 112                                                                                            
The reconsideration on 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" was not taken up this legislative day and the bill was                              
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 165                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 165(HES)(efd                                           
fld) "An Act relating to community schools" was not taken up this                                   
legislative day and the bill was signed by the President and the                                    
Secretary and returned to the House.                                                                
                                                                                                    
HB 171                                                                                            
The reconsideration on HOUSE BILL NO. 171 am "An Act repealing                                      
the charter school grant program; 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 210                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 210(RES)(efd fld                                       
S) "An Act relating to the Chitina dip net fishery" was not taken up                                
this legislative day and the bill was referred to the Secretary for                                 
engrossment.                                                                                        
                                                                                                    
HB 214                                                                                            
The 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" was not taken up this                                
legislative day and the bill was referred to the Secretary for                                      
engrossment.                                                                                        
                                                                                                    
HB 256                                                                                            
The reconsideration on 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" was not taken up this legislative                              
day and the bill was referred to the Secretary for engrossment.                                     

2003-05-20                     Senate Journal                      Page 1681
SCR 14                                                                                            
The reconsideration on SENATE CONCURRENT RESOLUTION                                                 
NO. 14 Relating to requesting the Governor to negotiate a 40-hour                                   
workweek with state employees, was not taken up this legislative day                                
and the resolution was referred to the Secretary for engrossment.                                   
                                                                                                    
                                                                                                    
                                    Announcements                                                
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                     Engrossment                                                 
                                                                                                    
HB 14                                                                                             
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" was engrossed, signed                                
by the President and Secretary and returned to the House for                                        
consideration.                                                                                      
                                                                                                    
HB 18                                                                                             
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" was engrossed,                               
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
HB 79                                                                                             
SENATE CS FOR HOUSE BILL NO. 79(FIN) am S "An Act                                                   
extending the termination date of the Alaska regional economic                                      
assistance program; and providing for an effective date" was                                        
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1682
HB 112                                                                                            
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" was engrossed,                               
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
HB 154                                                                                            
CS FOR HOUSE BILL NO. 154(FIN)(efd fld S) "An Act relating to                                       
advancement in public schools of children under school age" was                                     
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
HB 210                                                                                            
CS FOR HOUSE BILL NO. 210(RES)(efd fld S) "An Act relating to                                       
the Chitina dip net fishery" was engrossed, signed by the President and                             
Secretary and returned to the House for consideration.                                              
                                                                                                    
HB 214                                                                                            
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" was engrossed, signed by the President and                                 
Secretary and returned to the House for consideration.                                              
                                                                                                    
HB 234                                                                                            
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" was engrossed, signed by the President and Secretary                                
and returned to the House for consideration.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1683
HB 246                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 246(RES) am S "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 engrossed, signed by the                                   
President and Secretary and returned to the House for consideration.                                
                                                                                                    
HB 251                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 251(FIN) "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 engrossed, signed by the President and                                   
Secretary and returned to the House for consideration.                                              
                                                                                                    
HB 256                                                                                            
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" was engrossed, signed by the President and Secretary                                
and returned to the House for consideration.                                                        
                                                                                                    
HB 257                                                                                            
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"                             
was engrossed, signed by the President and Secretary and returned to                                
the House for consideration.                                                                        
                                                                                                    
SCR 14                                                                                            
SENATE CONCURRENT RESOLUTION NO. 14 Relating to                                                     
requesting the Governor to negotiate a 40-hour workweek with state                                  
employees was engrossed, signed by the President and Secretary and                                  
transmitted to the House for consideration.                                                         
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1684
SCR 18                                                                                            
SENATE CONCURRENT RESOLUTION NO. 18 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 engrossed, signed by the President and Secretary                                 
and transmitted to the House for consideration.                                                     
                                                                                                    
HJR 22                                                                                            
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
22(JUD) Relating to the USA PATRIOT Act, the Bill of Rights, the                                    
Constitution of the State of Alaska, and the civil liberties, peace, and                            
security of the citizens of our country, was engrossed, signed by the                               
President and Secretary and returned to the House for consideration.                                
                                                                                                    
HCR 21                                                                                            
SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION                                                    
NO. 21(FIN) Relating to establishing the Alaska Energy Policy Task                                  
Force, was engrossed, signed by the President and Secretary and                                     
returned to the House.                                                                              
                                                                                                    
                                                                                                    
                                     Adjournment                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., May 21, 2003. Without                                 
objection, the Senate adjourned at 11:21 p.m.                                                       
                                                                                                    
                                                                                   Kirsten Waid     
                                                                     Secretary of the Senate        
                                                                                                    
                                                                                        June 2003   

2003-05-20                     Senate Journal                      Page 1685
                                    Announcements                                                
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                 STANDING COMMITTEES                                             
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                       FINANCE                                                   
                                                                                                    
May 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                                                 
                      ----------------------------------------                                     
                                                                                                    
                                  JOINT COMMITTEES                                               
                                                                                                    
                        CONFERENCE COMMITTEE ON HB 75 & HB 76                                    
                                                                                                    
May 20             Tuesday                          Senate Finance 532                     6:00 PM 
                   -- Time Change --                                                                
= 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