Legislature(2003 - 2004)
2003-05-21 Senate Journal
Full Journal pdf2003-05-21 Senate Journal Page 1687 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday May 21, 2003 One Hundred Twenty-first Day Pursuant to adjournment the Senate was called to order at 1:19 p.m. The roll showed seventeen members present. Senators Hoffman, Olson, Gary Stevens, were absent. The prayer was offered by the Chaplain, Senator Green. Senator Seekins led the Senate in the Pledge of Allegiance. Reconsideration of House Bills HB 245 Senator Seekins requested that the reconsideration on CS FOR HOUSE BILL NO. 245(JUD) am S be taken up. The bill was before the Senate on reconsideration. Senator Seekins called the Senate, then lifted the call. The presence of Senators Hoffman, Gary Stevens was noted. HB 245 The question to be reconsidered: "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: 2003-05-21 Senate Journal Page 1688 CSHB 245(JUD) am S Third Reading - On Reconsideration YEAS: 11 NAYS: 8 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Taylor Absent: Olson and so, CS FOR HOUSE BILL NO. 245(JUD) am S passed the Senate on reconsideration and was referred to the Secretary for engrossment. The presence of Senator Olson was noted. HB 9 Senator Bunde requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "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: 2003-05-21 Senate Journal Page 1689 SCS CSHB 9(FIN) Third Reading - On Reconsideration Effective Dates YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Dyson, Ogan, Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) 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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 145 Senator Seekins requested that the reconsideration on CS FOR HOUSE BILL NO. 145(FIN)(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. 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 - On Reconsideration 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 on reconsideration. 2003-05-21 Senate Journal Page 1690 Senator Ben Stevens moved for the adoption of the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CSHB 145(FIN) Effective Date Clauses 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 clauses failed to be adopted and 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" was referred to the Secretary for engrossment. HB 283 Senator Seekins requested that the reconsideration on HOUSE BILL NO. 283 be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "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 - On Reconsideration 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 on reconsideration and was signed by the President and Secretary and returned to the House. 2003-05-21 Senate Journal Page 1691 HB 248 Senator Seekins requested that the reconsideration on HOUSE BILL NO. 248 be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "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 - On Reconsideration 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 and so, HOUSE BILL NO. 248 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: 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 and the bill was signed by the President and Secretary and returned to the House. 2003-05-21 Senate Journal Page 1692 HB 243 Senator Seekins requested that the reconsideration on CS FOR HOUSE BILL NO. 243(STA)(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. 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 - On Reconsideration 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. 243(STA) 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: 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 2003-05-21 Senate Journal Page 1693 and so, the effective date clause failed to be adopted and 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" was referred to the Secretary for engrossment. HB 155 Senator Seekins requested that the reconsideration on CS FOR HOUSE BILL NO. 155(FIN) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "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: CSHB 155(FIN) Third Reading - On Reconsideration Effective Dates YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: French, Lincoln Lincoln changed from "Yea" to "Nay". and so, CS FOR HOUSE BILL NO. 155(FIN) 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 clauses. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. 2003-05-21 Senate Journal Page 1694 Messages from the Governor SB 142 Message dated and received May 21 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 142 "An Act designating the Department of Natural Resources as lead agency for resource development projects; making conforming amendments; and providing for an effective date." Chapter 23, SLA 2003 Effective Date: 05/22/03 HB 191 Message dated and received May 21 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 191(FIN) am "An Act relating to the Alaska coastal management program and to policies and procedures for consistency reviews and the rendering of consistency determinations under that program; eliminating the Alaska Coastal Policy Council; annulling certain regulations relating to the Alaska coastal management program; and providing for an effective date." Chapter 24, SLA 2003 Effective Date: See Chapter 2003-05-21 Senate Journal Page 1695 Messages from the House Concur Messages SB 175 Senator Ben Stevens brought up the concurrence on CS FOR SENATE BILL NO. 175(JUD)(efd fld) "An Act relating to civil liability for inherent risks in sports or recreational activities" which had been held (page 1672). Senator Ben Stevens moved that the Senate concur in the House amendment to CS FOR SENATE BILL NO. 175(JUD)(efd fld), thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 175(JUD). The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 175(JUD) Shall the Senate concur in the House amendment to CSSB 175(JUD)(efd fld)? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Taylor and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 175(JUD) "An Act relating to civil liability for inherent risks in sports or recreational activities." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Messages from the House SB 73 Message dated May 20 was read, stating the House passed and returned: 2003-05-21 Senate Journal Page 1696 CS FOR SENATE BILL NO. 73(FIN) "An Act relating to the loan participation program of the Alaska Industrial Development and Export Authority and to regulations of the Alaska Industrial Development and Export Authority; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 112 Message dated May 21 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 112(FIN) "An Act relating to tax refunds for government agency purchases of fuel; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 202 Message dated May 21 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 202(FIN) "An Act relating to school transportation; relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 215 Message dated May 21 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 215(STA) "An Act relating to a lease-purchase agreement for, the construction and equipping of, and the financing of a seafood and food safety laboratory facility to be 2003-05-21 Senate Journal Page 1697 operated by the Department of Environmental Conservation, including the issuance of certificates of participation, and the use of certain investment income for certain construction and equipping costs; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 216 Message dated May 20 was read, stating the House passed and returned: SENATE BILL NO. 216 "An Act relating to international airports revenue bonds; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 223 Message dated May 20 was read, stating the House passed and returned: SENATE BILL NO. 223 "An Act naming the state ferry first operating to serve between Metlakatla and Ketchikan; and providing for an effective date" with a House Letter of Intent (House Journal page 2108). The bill was referred to the Secretary for enrollment. SCR 13 Message dated May 20 was read, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 13 Encouraging the Department of Corrections to provide canned Alaska pink salmon to inmates of the Alaska prison system. The resolution was referred to the Secretary for enrollment. 2003-05-21 Senate Journal Page 1698 SCR 15 Message dated May 20 was read, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 15 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 229, relating to special medical parole and to prisoners who are severely medically or cognitively disabled. The resolution was referred to the Secretary for enrollment. HB 49 Message dated May 20 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 49(JUD), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 49(JUD) "An Act relating to the deoxyribonucleic acid (DNA) identification registration system and testing; and providing for an effective date." HB 57 Message dated May 20 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 57(FIN), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 57(FIN) "An Act amending the manner of determining the royalty received by the state on gas production as it relates to the manufacture of certain value-added products." HB 61 Message dated May 20 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 61(FIN), thus adopting: 2003-05-21 Senate Journal Page 1699 SENATE CS FOR CS FOR HOUSE BILL NO. 61(RES) "An Act establishing an exploration and development incentive tax credit for operators and working interest owners directly engaged in the exploration for and development of gas for sale and delivery without reference to volume from a lease or property in the state; and providing for an effective date." HB 79 Message dated May 20 was read, stating the House concurred in the Senate amendments to HOUSE BILL NO. 79, thus adopting: 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." HB 86 Message dated May 20 was read, stating the House concurred in the Senate amendment to CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86(JUD) am "An Act relating to state permitted projects; and providing for an effective date" thus adopting: SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86(JUD)(efd fld S) "An Act relating to state permitted projects." (technical title change) HB 118 Message dated May 20 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 118(RES) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 118(L&C) "An Act relating to the transportation and sale of certain commercially caught fish by an agent of a commercial fishing permit holder and to the sale of fish; and providing for an effective date." 2003-05-21 Senate Journal Page 1700 HB 135 Message dated May 20 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 135(HES), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 135(HES) "An Act relating to marital and family therapists." HB 151 Message dated May 20 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 151(JUD) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 151(L&C) "An Act relating to claims and court actions for defects in the design, construction, and remodeling of certain dwellings; limiting when certain court actions may be brought; and amending Rules 79 and 82, Alaska Rules of Civil Procedure." HB 229 Message dated May 20 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 229(FIN) "An Act relating to special medical parole and to prisoners who are severely medically or cognitively disabled" thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 229(FIN) "An Act relating to special medical parole and to prisoners who are severely medically or cognitively disabled; relating to a severe acute respiratory syndrome control program; and providing for an effective date." (Title change authorized by SCR 15) HB 257 Message dated May 20 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 257(JUD) am, thus adopting: 2003-05-21 Senate Journal Page 1701 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." HB 313 Message dated May 20 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 313, thus adopting: HOUSE BILL NO. 313 am S "An Act authorizing a pilot program relating to state procurement and the use of electronic commerce tools; and providing for an effective date." Message dated May 21 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 36 CS FOR HOUSE BILL NO. 36(L&C) am BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to unlawful electronic mail activities and making certain electronic mail activities unfair methods of competition or unfair or deceptive acts or practices under the state's unfair trade practices and consumer protection laws; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Judiciary Committees. Message dated May 21 was read, stating the House passed and transmitted for consideration: 2003-05-21 Senate Journal Page 1702 First Reading and Reference of House Resolutions HCR 24 HOUSE CONCURRENT RESOLUTION NO. 24 BY THE HOUSE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 183, authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development. was read the first time and held on the Secretary's desk. Concur Messages SB 41 Message dated May 20 was read, stating the House passed and returned for consideration CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 41(FIN) with the following amendment: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 41(FIN) am H "An Act relating to medical care and crimes relating to medical care, including medical care and crimes relating to the medical assistance program, catastrophic illness assistance, and medical assistance for chronic and acute medical conditions." Senator Ben Stevens moved that the Senate concur in the House amendment. Senator French called the Senate. The call was satisfied. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: 2003-05-21 Senate Journal Page 1703 CSSSSB 41(FIN) am H Shall the Senate concur in the House amendment to CSSSSB 41(FIN)? 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 Senate concurred in the House amendment, thus adopting CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 41(FIN) am H "An Act relating to medical care and crimes relating to medical care, including medical care and crimes relating to the medical assistance program, catastrophic illness assistance, and medical assistance for chronic and acute medical conditions." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 106 Message dated May 20 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 106(FIN)(efd fld) with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 106(FIN) am H "An Act relating to tires." Senator Ben Stevens moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: 2003-05-21 Senate Journal Page 1704 HCS CSSB 106(FIN) am H Shall the Senate Concur in the House Amendments to CSSB 106(FIN)(efd fld)? 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 Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 106(FIN) am H "An Act relating to tires." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 119 Message dated May 21 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 119(FIN)(efd fld) "An Act authorizing the Alaska Public Offices Commission to issue advisory opinions; amending campaign financial disclosure and reporting requirements, campaign contribution limits, provisions related to contributions after elections, and provisions related to unused campaign contributions; providing for expedited consideration of, and modifying procedures for determining, violations of state election campaign laws; amending the time period within which to file an administrative complaint of a violation of state election campaign laws; amending the definitions of 'express communication' and 'political party' for state election campaigns; amending the registration fee for lobbyists; providing for increased use of electronic filing for reports to the Alaska Public Offices Commission; adding a definition of 'commission' in the regulation of lobbying laws; amending the requirements for the reporting of financial interests by public officials; adding a definition of 'domestic partner' in the legislative ethics code and in the public official financial disclosure requirements; allowing classified employees to take an active part in political party management; and making conforming amendments" with the following amendments: 2003-05-21 Senate Journal Page 1705 HOUSE CS FOR CS FOR SENATE BILL NO. 119(FIN) am H "An Act authorizing the Alaska Public Offices Commission to issue advisory opinions; amending campaign financial disclosure and reporting requirements, campaign contribution limits, provisions related to contributions after elections, and provisions related to unused campaign contributions; providing for expedited consideration of, and modifying procedures for determining, violations of state election campaign laws; amending the time period within which to file an administrative complaint of a violation of state election campaign laws; amending the definitions of 'express communication' and 'political party' for state election campaigns; amending the registration fee for lobbyists; providing for increased use of electronic filing for reports to the Alaska Public Offices Commission; adding a definition of 'commission' in the regulation of lobbying laws; amending the requirements for the reporting of financial interests by public officials; adding a definition of 'domestic partner' in the legislative ethics code and in the public official financial disclosure requirements; making conforming amendments; and providing for an effective date." (technical title change) Senator Ben Stevens moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 119(FIN) am H Shall the Senate Concur in the House amendments to CSSB 119(FIN)(efd fld)? 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 2003-05-21 Senate Journal Page 1706 and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 119(FIN) am H. Senator Ben Stevens moved for the adoption of the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: HCS CSSB 119(FIN) am H Effective Date Clauses 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 clauses failed to be adopted. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 119(FIN) am H(efd fld) "An Act authorizing the Alaska Public Offices Commission to issue advisory opinions; amending campaign financial disclosure and reporting requirements, campaign contribution limits, provisions related to contributions after elections, and provisions related to unused campaign contributions; providing for expedited consideration of, and modifying procedures for determining, violations of state election campaign laws; amending the time period within which to file an administrative complaint of a violation of state election campaign laws; amending the definitions of 'express communication' and 'political party' for state election campaigns; amending the registration fee for lobbyists; providing for increased use of electronic filing for reports to the Alaska Public Offices Commission; adding a definition of 'commission' in the regulation of lobbying laws; amending the requirements for the reporting of financial interests by public officials; adding a definition of 'domestic partner' in the legislative ethics code and in the public official financial disclosure requirements; and making conforming amendments" was referred to the Secretary for enrollment. 2003-05-21 Senate Journal Page 1707 SB 155 Message dated May 20 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 155(RES) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 155(RLS) "An Act relating to predator control programs; and providing for an effective date." Senator Ben Stevens moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 155(RLS) Shall the Senate concur in the House amendment to CSSB 155(RES)? Effective Date YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Lincoln and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 155(RLS) "An Act relating to predator control programs; and providing for an effective date." Senator Ben Stevens moved 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. 2003-05-21 Senate Journal Page 1708 SB 183 Message dated May 21 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 183(STA) "An Act authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 183(CRA) am H "An Act relating to municipal property taxation in annexed and detached areas; and authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development; and providing for an effective date." Senator Ben Stevens moved that the Senate concur in the House amendments and recommended the body vote "no". The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 183(CRA) am H Shall the Senate Concur in the House Amendments to CSSB 183(STA)? YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Lincoln, Taylor Nays: Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, the Senate failed to concur. The Secretary was requested to notify the House of the Senate's action and request the House to recede from its amendments. SB 185 Message dated May 20 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 185(FIN) with the following amendments: 2003-05-21 Senate Journal Page 1709 HOUSE CS FOR CS FOR SENATE BILL NO. 185(O&G) am H "An Act providing for a reduction of royalty on certain oil produced from Cook Inlet submerged land, and for a credit for certain exploration expenses against oil and gas properties production taxes on oil and gas produced from a lease or property in the state." Senator Ben Stevens moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 185(O&G) am H Shall the Senate concur in the House amendments to CSSB 185(FIN)? YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Guess, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Hoffman, Lincoln Dyson changed from "Nay" to "Yea". Davis changed from "Yea" to "Nay". and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 185(O&G) am H "An Act providing for a reduction of royalty on certain oil produced from Cook Inlet submerged land, and for a credit for certain exploration expenses against oil and gas properties production taxes on oil and gas produced from a lease or property in the state." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 2003-05-21 Senate Journal Page 1710 SB 89 Message dated May 20 was read stating, the House has failed to recede from its amendments to CS FOR SENATE BILL NO. 89(JUD) am, namely HOUSE CS FOR CS FOR SENATE BILL NO. 89(RLS) am H "An Act amending the Regulation of Lobbying Act and the definition of 'lobbyist' as it applies in the act setting standards of conduct for legislators and legislative employees; and amending the Regulation of Lobbying Act and the legislative standards of conduct to allow a lobbyist to give and a person covered by legislative standards of conduct to accept tickets to a charity event during a legislative session." The Speaker has appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the bills: Representative Rokeberg Representative McGuire Representative Guttenberg Senator Ben Stevens moved that the Senate rescind its action in failing to concur in the House amendments to CS FOR SENATE BILL NO. 89(JUD) am, namely HOUSE CS FOR CS FOR SENATE BILL NO. 89(RLS) am H. The question being: "Shall the Senate rescind its action in failing to concur in the House amendments to CS FOR SENATE BILL NO. 89(JUD) am?" The roll was taken with the following result: HCS CSSB 89(RLS) am H Shall the Senate Rescind its action in failing to concur with the House amendments? YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Absent: Bunde 2003-05-21 Senate Journal Page 1711 and so, the Senate rescinded its action. Senator Ben Stevens moved that the Senate concur in the House amendments to CS FOR SENATE BILL NO. 89(JUD) am, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 89(RLS) am H. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 89(RLS) am H Shall the Senate Concur in the House amendments to CSSB 89(JUD) am? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Lincoln, Olson and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 89(RLS) am H "An Act amending the Regulation of Lobbying Act and the definition of 'lobbyist' as it applies in the act setting standards of conduct for legislators and legislative employees; and amending the Regulation of Lobbying Act and the legislative standards of conduct to allow a lobbyist to give and a person covered by legislative standards of conduct to accept tickets to a charity event during a legislative session." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SJR 8 Message dated May 20 was read stating, the House has failed to recede from its amendment to SENATE JOINT RESOLUTION NO. 8, namely: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 8(JUD) Relating to the division of the Ninth Circuit Court of Appeals. 2003-05-21 Senate Journal Page 1712 The Speaker has appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the resolution: Representative McGuire Representative Anderson Representative Kapsner Senator Ben Stevens moved and asked unanimous consent that the Senate rescind its action in failing to concur in the House amendment to SENATE JOINT RESOLUTION NO. 8, namely HOUSE CS FOR SENATE JOINT RESOLUTION NO. 8(JUD) Relating to the division of the Ninth Circuit Court of Appeals. The question being: "Shall the Senate rescind its action in failing to concur in the House amendment?" The roll was taken with the following result: HCS SJR 8(JUD) Shall Senate rescind its action in failing to concur in House amendment to SJR 8? 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 Senate rescinded its action. The question being: "Shall the Senate concur in the House amendment to SENATE JOINT RESOLUTION NO. 8?" The roll was taken with the following result: 2003-05-21 Senate Journal Page 1713 HCS SJR 8(JUD) Shall the Senate Concur in the House amendment to SJR 8? YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: French Guess changed from "Nay" to "Yea". and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE JOINT RESOLUTION NO. 8(JUD) Relating to the division of the Ninth Circuit Court of Appeals. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. HB 18 Message dated May 21 was read, stating the House has failed to concur in the Senate amendment to CS FOR HOUSE BILL NO. 18(JUD) am "An Act relating to the liability of parents and legal guardians of minors who destroy property" and respectfully requests the Senate to recede from its amendment, namely: SENATE CS FOR CS FOR HOUSE BILL NO. 18(HES) "An Act relating to the liability of parents and legal guardians of minors who destroy property; and providing for an effective date." (technical title change) In the event the Senate fails to recede, the Speaker has appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the bills: Representative McGuire, Chair Representative Meyer Representative Gruenberg 2003-05-21 Senate Journal Page 1714 Senator Ben Stevens moved that the Senate recede from its amendment to CS FOR HOUSE BILL NO. 18(JUD) am. The question being: "Shall the Senate recede from its amendment to CS FOR HOUSE BILL NO. 18(JUD) am?" The roll was taken with the following result: SCS CSHB 18(HES) Shall the Senate Recede from its Amendment to CSHB 18(JUD) am? YEAS: 0 NAYS: 20 EXCUSED: 0 ABSENT: 0 Nays: 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 Senate failed to recede from its amendment. The President appointed the following members to a Conference Committee to meet with the like committee from the House: Senator Dyson Senator Seekins Senator Davis Communications The following reports are on file in the Office of the Secretary of the Senate: Alaska Seafood Marketing Institute FY 2002 Annual Report from Ray Riutta, Executive Director in accordance with AS 16.51.100 Report from the Commissioner of the Department of Administration dated May 21 was received in accordance with AS 23.40.215, stating the monetary terms for the collective bargaining agreement reached between the State and the Masters, Mates, and Pilots. 2003-05-21 Senate Journal Page 1715 Report from the Commissioner of the Department of Administration dated May 21 was received in accordance with AS 23.40.215, stating the monetary terms for the collective bargaining agreement reached between the State and the Marine Engineers Beneficial Association. Report from the Commissioner of the Department of Administration dated May 21 was received, stating the prior administration had entered into agreements that were not reported to the Legislature as required by AS 23.40.215. Copies and a summary of those agreements were attached. President Therriault referred the reports to the Legislative Budget and Audit Committee. Standing Committee Reports HB 111 The Finance Committee considered CS FOR HOUSE BILL NO. 111(JUD) am "An Act relating to policies in telecommunications regulations; extending the termination date of the Regulatory Commission of Alaska; and providing for an effective date." Signing no recommendation: Senators Green, Wilken, Cochairs; Senators Taylor, Hoffman, Olson. Signing do pass: Senators Bunde, Ben Stevens. The following fiscal information was published today: Fiscal Note No. 2, Department of Community and Economic Development The bill is on today's calendar. Special Committee Reports HB 18 The Conference Committee considering SENATE CS FOR CS FOR HOUSE BILL NO. 18(HES) and CS FOR HOUSE BILL NO. 18(JUD) am "An Act relating to the liability of parents and legal guardians of minors who destroy property" requests limited powers of free conference on the following specific points: 2003-05-21 Senate Journal Page 1716 The dollar amount of liability that a parent may be liable for if an unemancipated minor knowingly destroys real or personal property. The House version proposed a $15,000 cap, and the Senate version a $25,000 cap. The conference committee is requesting the authority to establish a compromise. Signing the report: Representative McGuire, Chair, Representatives Meyer, Gruenberg; Senators Dyson, Davis, Seekins President Therriault granted the Senate members limited powers of free conference as requested. HB 18 The following report was received and distributed at 10:15 p.m., May 21, 2003: May 21, 2003 Mr. President: Mr. Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR HOUSE BILL NO. 18(JUD) am "An Act relating to the liability of parents and legal guardians of minors who destroy property" and SENATE CS FOR CS FOR HOUSE BILL NO. 18(HES) "An Act relating to the liability of parents and legal guardians of minors who destroy property; and providing for an effective date" (technical title change) and recommends CONFERENCE CS FOR HOUSE BILL NO. 18 "An Act relating to the liability of parents and legal guardians of minors who destroy property; and providing for an effective date." be adopted. Signing the report: Representative McGuire, Chair, Representatives Meyer, Gruenberg; Senators Dyson, Seekins, Davis; 2003-05-21 Senate Journal Page 1717 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Alaska Court System Senator Ben Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 18. The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 18 "An Act relating to the liability of parents and legal guardians of minors who destroy property; and providing for an effective date"?" The roll was taken with the following result: CCS HB 18 Adopt Conference Committee Report? 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, the report was adopted. Senator Ben Stevens moved and asked unanimous consent that the vote on the adoption of the conference committee report be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. HB 75 The following report was received and distributed at 11:52 p.m., May 20, 2003: May 20, 2003 Mr. Speaker: Mr. President: 2003-05-21 Senate Journal Page 1718 The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN) am(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date" and SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN)(brf sup maj fld S) and recommends CONFERENCE CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75 be adopted. Signing the report: Representative Harris, Chair; Representative Williams; Senators Wilken, Green. Senator Ben Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75. The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date"?" The roll was taken with the following result: CCS SSHB 75 Shall the Senate Adopt the Conference Committee Report on SSHB 75? 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 report was adopted. 2003-05-21 Senate Journal Page 1719 Senator Ben Stevens moved for the adoption of the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CCS SSHB 75 Effective Date Clauses 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 clauses were adopted. The Secretary was requested to notify the House. HB 76 The following report was received and distributed at 11:52 p.m., May 20, 2003: May 20, 2003 Mr. President: Mr. Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date" and SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) am S and recommends CONFERENCE CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76 be adopted. Signing the report: Representative Harris, Chair; Representative Williams; Senators Wilken, Green. 2003-05-21 Senate Journal Page 1720 Senator Ben Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76. The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date"?" The roll was taken with the following result: CCS SSHB 76 Shall the Senate Adopt the Conference Committee Report? Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken and so, the report was adopted. Senator Ben Stevens moved and asked unanimous consent that the vote on the adoption of the conference committee report be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. Introduction and Reference of Senate Bills SB 231 SENATE BILL NO. 231 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act shortening the time periods after which certain unclaimed property is presumed to be abandoned; and providing for an effective date." 2003-05-21 Senate Journal Page 1721 was read the first time and referred to the State Affairs and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue Governor's transmittal letter dated May 20: Dear President Therriault: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that would amend AS 34.45, the Uniform Unclaimed Property Act, to shorten the time periods after which certain unclaimed property is presumed to be abandoned and must be transferred to the custody of the state. Alaska's current unclaimed property statutes are based on the 1981 version of the Uniform Unclaimed Property Act adopted by the National Conference of Commissioners on Uniform State Laws. That Act, and Alaska's Act, are intended to prevent people from losing their right to property that is justifiably theirs by requiring that unclaimed property be transferred to the state to act as custodian once the property is presumed abandoned. In 1995, the uniform law commissioners revised their Act to streamline the process by which states deal with unclaimed property and to better protect property owners. One of the changes proposed in the 1995 revision is a general shortening of the time periods after which most unclaimed property is presumed to be abandoned and must be transferred to the custody of the state. Shortening the time period benefits both the state and the owner of the unclaimed property. As the custodian for the unclaimed property, the property is available to the state as a source of revenue, pending the rightful owner's claim. The rightful owner benefits by having the property transferred at an earlier date to a perpetual custodian with the stability to assure that the property will be there when the owner comes forward to claim it. I urge your early and favorable consideration of the bill. 2003-05-21 Senate Journal Page 1722 Sincerely, /s/ Frank H. Murkowski Governor SB 232 SENATE BILL NO. 232 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to federal requirements for governmental plan and other qualifications for the teachers' retirement system, the public employees' retirement system, and the judicial retirement system; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration Governor's transmittal letter dated May 20: Dear President Therriault: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to federal requirements for governmental plan qualifications for the teachers' retirement system, the public employees' retirement system, and the judicial retirement system, as required by the federal Internal Revenue Service. This bill also would further implement changes that allow retirement system members to selectively transfer pre-tax money, or make additional contributions, to repay indebtedness and to purchase permissible service credits in the Alaska retirement systems. These changes would allow members to better plan their retirement and to make their financial future more secure. Taking advantage of such tax law provisions would strengthen the retirement systems in a cost- effective manner. 2003-05-21 Senate Journal Page 1723 Sincerely, /s/ Frank H. Murkowski Governor SB 233 SENATE BILL NO. 233 BY SENATOR ELLIS, entitled: "An Act allowing aerial application of pesticides and broadcast chemicals only when necessary to protect public health; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Resources Committees. SB 234 SENATE BILL NO. 234 BY SENATOR LINCOLN, entitled: "An Act relating to secondary student competency testing and to school performance designations; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 235 SENATE BILL NO. 235 BY SENATOR COWDERY, entitled: "An Act relating to the airports in Anchorage, Fairbanks, and Cold Bay, and establishing the Alaska Airport Authority; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. SB 236 SENATE BILL NO. 236 BY SENATOR HOFFMAN, entitled: "An Act making appropriations for school construction, renovation, and improvement projects; and providing for an effective date." 2003-05-21 Senate Journal Page 1724 was read the first time and referred to the Health, Education and Social Services and Finance Committees. Consideration of the Calendar Second Reading of House Bills HB 111 CS FOR HOUSE BILL NO. 111(JUD) am "An Act relating to policies in telecommunications regulations; extending the termination date of the Regulatory Commission of Alaska; and providing for an effective date" was read the 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. 111(JUD) am was read the third time. Senator Guess declared a conflict of interest. The question being: "Shall CS FOR HOUSE BILL NO. 111(JUD) am "An Act relating to policies in telecommunications regulations; extending the termination date of the Regulatory Commission of Alaska; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 111(JUD) am Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken and so, CS FOR HOUSE BILL NO. 111(JUD) am passed the Senate. 2003-05-21 Senate Journal Page 1725 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 209 CS FOR HOUSE BILL NO. 209(RLS) "An Act relating to municipal property tax adjustments for property affected by a disaster" was read the second time. Senator Ben Stevens moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Senator Ellis objected. President Therriault stated CS FOR HOUSE BILL NO. 209(RLS) will be on the January 12, 2004 calendar. HB 226 HOUSE BILL NO. 226 "An Act relating to the sale, offer for sale, representation, and labeling of food or other agricultural products as organic, and to the state organic certification program; 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. HOUSE BILL NO. 226 was read the third time. The question being: "Shall HOUSE BILL NO. 226 "An Act relating to the sale, offer for sale, representation, and labeling of food or other agricultural products as organic, and to the state organic certification program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2003-05-21 Senate Journal Page 1726 HB 226 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. 226 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 232 HOUSE BILL NO. 232 "An Act relating to mercury classics; and providing for an effective date" was read the second time. Senator Wilken, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1548. Without objection, SENATE CS FOR HOUSE BILL NO. 232(FIN) "An Act relating to contests of skill under the charitable gaming laws; relating to mercury classics; and providing for an effective date" (Title change authorized by SCR 16) was adopted. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 232(FIN) was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 232(FIN) "An Act relating to contests of skill under the charitable gaming laws; relating to mercury classics; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2003-05-21 Senate Journal Page 1727 SCS HB 232(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G, Taylor, Wagoner, Wilken Nays: Ogan, Therriault and so, SENATE CS FOR HOUSE BILL NO. 232(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. Senator Ben Stevens moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 16 be brought up as a special order of business. Without objection, it was so ordered. Special Order of Business SCR 16 SENATE CONCURRENT RESOLUTION NO. 16, which had been held on the Secretary's desk (page 1596), was read the second time and was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 16 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 232, relating to mercury classics, pass the Senate?" The roll was taken with the following result: SCR 16 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 2003-05-21 Senate Journal Page 1728 and so, SENATE CONCURRENT RESOLUTION NO. 16 passed the Senate and was referred to the Secretary for engrossment. Third Reading of House Bills HB 24 CS FOR HOUSE BILL NO. 24(JUD) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 24(JUD) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken and so, CS FOR HOUSE BILL NO. 24(JUD) passed the Senate, was signed by the President and Secretary and returned to the House. HB 28 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 28(FIN) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: 2003-05-21 Senate Journal Page 1729 CSSSHB 28(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 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 28(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 162 CS FOR HOUSE BILL NO. 162(RLS) am was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 162(RLS) am Third Reading - Final Passage YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Dyson, French, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Bunde, Davis, Ellis, Elton, Guess, Hoffman, Lincoln, Olson and so, CS FOR HOUSE BILL NO. 162(RLS) am passed the Senate. Senator Ben Stevens moved for the adoption of the effective date clauses. 2003-05-21 Senate Journal Page 1730 The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CSHB 162(RLS) am Effective Date Clauses 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 clauses failed to be adopted and CS FOR HOUSE BILL NO. 162(RLS) am(efd fld S) "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" was referred to the Secretary for engrossment. HB 195 SENATE CS FOR CS FOR HOUSE BILL NO. 195(L&C) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: SCS CSHB 195(L&C) 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. 195(L&C) passed the Senate. 2003-05-21 Senate Journal Page 1731 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 199 HOUSE BILL NO. 199 was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: HB 199 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, HOUSE BILL NO. 199 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 199 Effective Date Clause YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, Green, Guess, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Davis, French, Hoffman, Lincoln and so, the effective date clause was adopted and the bill was signed by the President and Secretary and returned to the House. 2003-05-21 Senate Journal Page 1732 HB 216 CS FOR HOUSE BILL NO. 216(FIN) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 216(FIN) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken and so, CS FOR HOUSE BILL NO. 216(FIN) passed the Senate, was signed by the President and Secretary and returned to the House. HB 271 CS FOR HOUSE BILL NO. 271(FIN)(efd am) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 271(FIN)(efd am) 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. 271(FIN)(efd am) passed the Senate. 2003-05-21 Senate Journal Page 1733 Senator Ben Stevens moved for the adoption of the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CSHB 271(FIN)(efd am) Effective Date Clauses 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 clauses were adopted and the bill was signed by the President and Secretary and returned to the House. Second Reading of House Resolutions HJR 27 CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) Relating to support for a federal appropriation for expansion of the Anchorage Jail, 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. CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) was read the third time. The question being: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) Relating to support for a federal appropriation for expansion of the Anchorage Jail, pass the Senate?" The roll was taken with the following result: 2003-05-21 Senate Journal Page 1734 CSHJR 27(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. 27(STA) passed the Senate, was signed by the President and Secretary and returned to the House. Citations Honoring - Jonathon Solomon, Sr. Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - The Students and Teachers of Nenana City Public Schools Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Harvey Hildre Senator(s) Taylor, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Wagoner, Wilken Honoring - Al Sokaitis, History-Making UAF Basketball Coach Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner Honoring - Sister Claire Gagnon Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken 2003-05-21 Senate Journal Page 1735 Honoring - Jonathan David Talbott 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 Honoring - Kachemak Emergency Services Representative(s) Seaton Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Captain William Furlong Representative(s) Chenault Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - John Klapperich Representative(s) Gatto Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Doris Dearborn Representative(s) Gatto Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Peter Probasco Representative(s) Gatto Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - The Heroes of Mentasta Village 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 2003-05-21 Senate Journal Page 1736 Honoring - Sergeant James Gallen 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 In Memoriam - Kenneth Eugene Showalter Senator(s) Taylor, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Ogan, Olson, Lincoln, Seekins, Ben Stevens, Gary Stevens, Wagoner, Wilken In Memoriam - Michael Murray Pease Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Representative(s) Stoltze In Memoriam - Ken Lamb Representative(s) Rokeberg Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Gary Stevens, Taylor, Wagoner, Wilken In Memoriam - Quentin Leslie Johnson Representative(s) Seaton Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Taylor, Wagoner, Wilken In Memoriam - John T. Wolfe, Sr. Representative(s) Chenault Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - Joel L. Wilkins Representative(s) Chenault Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken 2003-05-21 Senate Journal Page 1737 In Memoriam - Eleanor June Smith Representative(s) Chenault Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - Hassien Allon Sliman Representative(s) Chenault Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - Lawanda Lee Davidson Representative(s) Chenault Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - Alta Mae "Georgia" Baker McConnell Bruce Representative(s) Chenault Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - Bernard "Benn" Guild Representative(s) Stoltze Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken In Memoriam - Jeremy Jay Faga 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 In Memoriam - Harry L. Hutchison Representative(s) Holm Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner 2003-05-21 Senate Journal Page 1738 In Memoriam - "Jean and Mac" Mackin Representative(s) Holm Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner In Memoriam - Robert Arthur Merdes Representative(s) Holm Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner In Memoriam - Nadine Price Representative(s) Samuels Senator(s) Therriault, Bunde, Cowdery, Davis, 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. Senator Ben Stevens moved and asked unanimous consent that the following citations be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Jessica Hendricks, 2003 Iditarod Rookie of the Year Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Title Wave Books Senator(s) Ellis, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken 2003-05-21 Senate Journal Page 1739 Honoring - Colby Ryan Morris, Eagle Scout Award Representative(s) Dahlstrom Senator(s) Dyson, Therriault, Bunde, Cowdery, Davis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Peter Atchak, Community Safety Award 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 Honoring -Mike Husa, for Bravery 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 Honoring -- Abraham Michael Salmon Representative(s) Kohring Senator(s) Green, Therriault, Cowdery, Davis, Dyson, Elton, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken, Wagoner Honoring - Susan Taylor 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 Honoring - John Oscar 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 In Memoriam - Rosie Lankard Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken 2003-05-21 Senate Journal Page 1740 In Memoriam -- Charles Harrison Brewster Senator(s) Bunde, Therriault, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken, Wagoner In Memoriam - John Christopher Gregory Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken In Memoriam - Theodore Anthony Littlefield Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken In Memoriam - Charlie Karl, Sr. "Tariuralria" 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 In Memoriam - Gasper (Gus) Caterinichio Representative(s) Berkowitz Senator(s) French, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken In Memoriam - George Kozmetsky Representative(s) McGuire Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, 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. Senator Ben Stevens moved and asked unanimous consent that the Senate return to messages from the House. Without objection, the Senate returned to: 2003-05-21 Senate Journal Page 1741 Messages from the House Concur Messages SB 100 Message dated May 21 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 100(FIN)(brf sup maj fld)(efd fld) "An Act making capital appropriations, supplemental appropriations, and reappropriations; capitalizing funds; and making other appropriations" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 100(FIN) am H(brf sup maj fld H) "An Act making capital appropriations, supplemental appropriations, and reappropriations; capitalizing funds; making other appropriations; and providing for an effective date." (technical title change) Senator Ben Stevens moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 100(FIN)am H(brf sup maj fld H) Shall the Senate Concur in the House amendments to CSSB 100(FIN)(brf sup maj fld)(efd fld)? 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 Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 100(FIN)am H(brf sup maj fld H). Senator Ben Stevens moved for the adoption of the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: 2003-05-21 Senate Journal Page 1742 HCS CSSB 100(FIN)am H(brf sup maj fld H) Effective Date Clauses YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Hoffman and so, the effective date clauses were adopted. Senator Ben Stevens moved for the adoption of the constitutional budget reserve fund section. The question being: "Shall the constitutional budget reserve fund section be adopted?" The roll was taken with the following result: HCS CSSB 100(FIN)am H(brf sup maj fld H) Adopt Constitutional Budget Reserve Fund Section? 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 constitutional budget reserve fund section failed to be adopted. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 100(FIN)am H(brf sup maj fld H) was referred to the Secretary for enrollment. 2003-05-21 Senate Journal Page 1743 Engrossment HB 9 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" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 145 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" was engrossed, signed by the President and Secretary and returned to the House. HB 162 CS FOR HOUSE BILL NO. 162(RLS) am(efd fld S) "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" was engrossed, signed by the President and Secretary and returned to the House. HB 195 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 engrossed, signed by the President and Secretary and returned to the House for consideration. 2003-05-21 Senate Journal Page 1744 HB 232 SENATE CS FOR HOUSE BILL NO. 232(FIN) "An Act relating to contests of skill under the charitable gaming laws; relating to mercury classics; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 243 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" was engrossed, signed by the President and Secretary and returned to the House. 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 engrossed, signed by the President and Secretary and returned to the House for consideration. SCR 16 SENATE CONCURRENT RESOLUTION NO. 16 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 232, relating to mercury classics, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Guess moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 12, 2004. Without objection, the Senate adjourned at 11:57 p.m. Kirsten Waid Secretary of the Senate May 2003