Legislature(2003 - 2004)

2003-04-14 Senate Journal

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2003-04-14                     Senate Journal                      Page 0829
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                     Monday                     April 14, 2003                      
                                                                                                    
                              Eighty-fourth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:15 a.m.                                                                            
                                                                                                    
The roll showed nineteen members present. Senator Guess was                                         
excused from a call of the Senate.                                                                  
                                                                                                    
The prayer was offered by the Chaplain, Father Thomas Weise of the                                  
St. Paul's Catholic Church. Senator Hoffman moved and asked                                         
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
                         The Canticle of Brother Sun:                                              
                                                                                                    
          Most high, all-powerful, all good, Lord!                                                  
          All praise is Yours, all glory, all honor                                                 
          And all blessing.                                                                         
                                                                                                    
          To You, alone, Most High, do they belong.                                                 
          No mortal lips are worthy                                                                 
          To pronounce Your name.                                                                   
                                                                                                    
          All praise be Yours, my Lord, through all that You                                        
           have made.                                                                               
          And first my Lord, Brother Sun,                                                           
             Who brings the day; and light You give to us through                                  
           him.                                                                                     
                                                                                                    
          How beautiful is he, how radiant in all his splendor!                                     
          Of You, Most High, he bears the likeness.                                                 
                                                                                                    
          All praise be Yours, my Lord, through Sister Moon                                         
           and Stars;                                                                               

2003-04-14                     Senate Journal                      Page 0830
          In the heavens You have made them, bright                                                 
          And precious and fair.                                                                    
                                                                                                    
             All praise be Yours, my Lord, through Brothers Wind                                   
           and Air,                                                                                 
          And fair and stormy, all the weather's moods,                                             
          By which You cherish all that You have made.                                              
                                                                                                    
          All praise be Yours, my Lord, through Sister Water,                                       
          So useful, lowly, precious and pure.                                                      
                                                                                                    
          All praise be Yours, my Lord, through Brother Fire,                                       
          Through whom You brighten up the night.                                                   
          How beautiful is he, how gay! Full of power and                                           
           strength.                                                                                
                                                                                                    
          All praise be Yours, my Lord, through Sister Earth,                                       
           our mother,                                                                              
          Who feeds us in her sovereignty and produces                                              
          Various fruits with colored flowers and herbs.                                            
                                                                                                    
          All praise be Yours, my Lord, through those who                                           
           grant pardon,                                                                            
          For love of You; through those who endure                                                 
          Sickness and trial.                                                                       
                                                                                                    
          Happy those who endure in peace,                                                          
          By You, Most High, they will be crowned.                                                  
                                                                                                    
          All praise be Yours, my Lord, through Sister Death,                                       
          From whose embrace no mortal can escape.                                                  
                                                                                                    
          Woe to those who die in mortal sin!                                                       
          Happy those she finds doing Your will!                                                    
          The second death can do no harm to them.                                                  
                                                                                                    
          Praise and bless my Lord, and give Him thanks,                                            
          and serve Him with great humility.                                                        
                                                                                                    
                 - St. Francis of Assisi                                                            

2003-04-14                     Senate Journal                      Page 0831
Senator Cowdery led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journals for the eighty-first through eight-third legislative days be                               
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
HB 68                                                                                             
Message dated and received April 11 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. 68(JUD) "An Act                                          
            relating to the jurisdiction of the office of victims'                                 
          rights."                                                                                  
                                                                                                    
                             Chapter 6, SLA 2003                                                   
                        Effective Date: July 10, 2003                                              
                                                                                                    
HB 58                                                                                             
Message dated and received April 11, 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:                                    
                                                                                                    
                  HOUSE BILL NO. 58 "An Act relating to the                                        
             reinstatement of Native corporations; and providing                                   
          for an effective date."                                                                   
                                                                                                    
                             Chapter 7, SLA 2003                                                   
                        Effective Date: April 12, 2003                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-14                     Senate Journal                      Page 0832
                           Messages from the House                                               
                                                                                                    
SCR 7                                                                                             
Message dated April 11 was read, stating the House passed and                                       
returned:                                                                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 7                                                        
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 71, relating to the Board                                       
          of Certified Direct- Entry Midwives.                                                      
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SB 79                                                                                             
Message dated April 11 was read, stating the House passed and                                       
returned:                                                                                           
                                                                                                    
          SENATE BILL NO. 79 "An Act extending the                                                  
          termination date of the Alaska Minerals                                                   
          Commission."                                                                              
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 71                                                                                             
Message dated April 11 was read, stating the House concurred in the                                 
Senate amendment to HOUSE BILL NO. 71 "An Act extending the                                         
termination date of the Board of Certified Direct-Entry Midwives,"                                  
thus adopting:                                                                                      
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 71(FIN) "An                                                  
          Act extending the termination date of the Board of                                        
          Certified Direct-Entry Midwives; and relating to the                                      
          regulation of certified direct-entry midwives."                                           
          (Title change authorized by SCR 7.)                                                       
                                                                                                    
Message dated April 11 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                                                                                                    

2003-04-14                     Senate Journal                      Page 0833
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 81                                                                                             
CS FOR HOUSE BILL NO. 81(STA) BY THE HOUSE STATE                                                    
AFFAIRS COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to motor vehicle emissions and to                                        
          inspection decals and fines relating to motor vehicle                                     
          emissions; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the Transportation and State                                
Affairs Committees.                                                                                 
                                                                                                    
HB 159                                                                                            
HOUSE BILL NO. 159 BY THE HOUSE RULES COMMITTEE BY                                                  
REQUEST OF THE GOVERNOR, entitled:                                                                  
                                                                                                    
           "An Act relating to the frequency of examinations of                                     
          certain persons licensed to engage in the business of                                     
          making loans of money, credit, goods, or things in                                        
          action; repealing the requirement for a state                                             
          examination and evaluation of the Alaska                                                  
          Commercial Fishing and Agriculture Bank; and                                              
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 142                                                                                            
The Resources Committee considered 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" and recommended it be replaced                                 
with                                                                                                
                                                                                                    
          CS FOR SENATE BILL NO. 142(RES)                                                           
          (forthcoming)                                                                             
                                                                                                    

2003-04-14                     Senate Journal                      Page 0834
Signing do pass: Senator Ogan, Chair; Senators Ben Stevens,                                         
Wagoner, Dyson. Signing no recommendation: Senator Elton.                                           
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Environmental                                               
      Conservation                                                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Natural Resources                                                 
                                                                                                    
President Therriault added a referral to the Finance Committee.                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 160                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 160 "An Act relating to civil liability for use or                                  
attempted use of an automated external defibrillator; and providing for                             
an effective date" and recommended it be replaced with                                              
                                                                                                    
          CS FOR SENATE BILL NO. 160(HES)                                                           
                                                                                                    
Signing do pass: Senator Dyson, Chair; Senators Green, Wilken,                                      
Davis.                                                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 17                                                                                            
SENATE JOINT RESOLUTION NO. 17 BY SENATOR OLSON,                                                    
                                                                                                    
          Relating to the Alaska-Yukon Intergovernmental                                            
          Relations Accord, to annual legislative exchanges,                                        
          and to continuing intergovernmental work on matters                                       
          of joint concern and mutual interest.                                                     

2003-04-14                     Senate Journal                      Page 0835
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 186                                                                                            
SENATE BILL NO. 186 BY SENATOR TAYLOR, entitled:                                                    
                                                                                                    
          "An Act relating to authorizing charitable gaming                                         
          permittees to use up to five electronic gaming                                            
          machines at certain locations with certain liquor                                         
          licenses or certain other places where access is                                          
          restricted to persons 21 years of age or older as an                                      
          authorized form of charitable gaming; limiting the                                        
          maximum number of electronic gaming machines for                                          
          which a vendor may have an endorsement to not                                             
          more than 10; relating to licensing manufacturers and                                     
          distributors of electronic gaming machines; relating                                      
          to local prohibition of electronic gaming; limiting the                                   
          authority of municipalities to tax electronic gaming                                      
          machines; relating to penalties concerning charitable                                     
          gaming; making conforming amendments; and                                                 
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
SB 187                                                                                            
SENATE BILL NO. 187 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to elections, questioned ballots and                                     
          questioned voters, voter registration, training of                                        
          election officials, preparation of election materials,                                    
          voter identification, absentee voting, counting ballots,                                  
          and the primary election; and providing for an                                            
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    

2003-04-14                     Senate Journal                      Page 0836
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Office of the Governor                                                    
 Fiscal Note No. 2, zero, Department of Administration                                              
                                                                                                    
Governor's transmittal letter dated April 11, 2003:                                                 
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to elections.                                                          
                                                                                                    
This bill would amend the state election code statutes as required to                               
comply with a recently enacted federal law, the "Help America Vote                                  
Act of 2002" (HAVA), P.L. 107-252 (H.R. 3295). The HAVA was                                         
enacted to improve the states' administration of federal elections after                            
problems with the administration of those elections by certain states                               
was brought to light during the 2000 presidential election. Many of the                             
reforms set out in the HAVA are intended to protect against election                                
fraud and to ensure that the votes of all persons entitled to vote are                              
counted.                                                                                            
                                                                                                    
All of the states are required to comply with the HAVA, including                                   
amending state laws to comply. To comply with the timelines in the                                  
HAVA, this bill must be passed by the legislature and enacted into law                              
this year. Upon certification of compliance with the HAVA, each state                               
is eligible to receive various payments from the federal government to                              
use in implementing the requirements of the HAVA. Alaska is                                         
projected to receive payments of approximately $5,000,000 per year                                  
for three years to implement the HAVA.                                                              
                                                                                                    
Alaska is fortunate because our modern state election code already                                  
includes many of the requirements of the HAVA, such as a statewide                                  
voter registration information database and provisional ("questioned")                              
voting. However, the state election code does not contain a few of the                              
measures required by the HAVA -- this bill would make the necessary                                 
amendments. A detailed description of those amendments follows.                                     
                                                                                                    
First, all sections in the election code that refer to "questioned ballots"                         
would be amended to refer to "provisional ballots." The two terms are                               
synonymous, but the change would conform to the HAVA's use of the                                   

2003-04-14                     Senate Journal                      Page 0837
term "provisional" ballots.                                                                         
                                                                                                    
In sec. 2 of the bill, AS 15.07.055 would be amended to add a new                                   
subsection to require the director of elections to enter into an                                    
agreement with the Department of Administration, for motor vehicle                                  
information, and the Department of Revenue, for permanent fund                                      
dividend information, to match information with the division of                                     
elections (division) for first-time voter registrants who are registering                           
by mail, facsimile, or other electronic transmission. This amendment is                             
required by sec. 303(b)(3)(B)(ii) of the HAVA.                                                      
                                                                                                    
Sections 3 and 6 of the bill would amend AS 15.07.060 to require that                               
applicants for voter registration supply certain additional information -                           
- an Alaska driver's license or identification card number, or the last                             
four digits of the applicant's social security number, if any of those                              
numbers have been issued to the applicant. Under the bill, an applicant                             
also would have to provide his or her date of birth. Persons who apply                              
for registration for the first time by mail also would have to provide                              
one of the identifying numbers, and date of birth, that can be verified                             
through state agency records described in sec. 2 of the bill. If such an                            
applicant has not been issued any of the identifying numbers, the                                   
applicant may alternatively submit a copy of a photo identification.                                
For any applicant for voter registration who has not been issued any of                             
the required identifying numbers, the division would issue to the                                   
applicant a unique identifying number. These amendments are                                         
required by secs. 303(a)(5)(A)(i) and (ii), 303(a)(5)(B)(i),                                        
303(b)(4)(A), and 303(b)(4)(B) of the HAVA.                                                         
                                                                                                    
The changes made by sec. 7 of the bill relate to procedures for                                     
providing a voter registration card to a voter who registers by mail,                               
facsimile, or other electronic transmission, and are to conform to the                              
HAVA's identification requirements for such voters.                                                 
                                                                                                    
Section 9 of the bill would amend AS 15.07.070(h) to require voter                                  
registration proof of identification information on the voter's certificate                         
for voting an absentee in-person ballot. This amendment is required by                              
sec. 303(b) of the HAVA.                                                                            
                                                                                                    
Section 13 of the bill would amend AS 15.15.040 to require that                                     
certain information be available at polling places, such as how to cast                             

2003-04-14                     Senate Journal                      Page 0838
a provisional ballot, instructions for first-time voters, prohibitions on                           
fraud, and how to report violations. This amendment is required by                                  
sec. 302(b)(2) of the HAVA.                                                                         
                                                                                                    
Section 14 of the bill would amend AS 15.15.198 to require that a                                   
voter who casts a provisional ballot receive information on whether                                 
the ballot was counted. This amendment is required by sec. 302 of the                               
HAVA.                                                                                               
                                                                                                    
Section 16 of the bill would amend AS 15.15.225 to specify the forms                                
of identification that a voter must exhibit at the polls before voting.                             
These amendments are required by secs. 303(b)(1) and 303(b)(2)(A)(i)                                
and (ii) of the HAVA.                                                                               
                                                                                                    
Section 18 of the bill would amend AS 15.15.360(a) on the rules for                                 
counting ballots, to provide a uniform definition of what constitutes a                             
vote as required by sec. 302(a)(6) of the HAVA.                                                     
                                                                                                    
Section 21 of the bill would amend AS 15.20.081(f) to require that                                  
first-time voters who initially registered by mail, facsimile, or other                             
electronic transmission and who are voting absentee by mail, must                                   
provide certain identifying information if they have not already                                    
provided identifying information specified by AS 15.07.060. Section                                 
21 also would make it mandatory, rather than discretionary, that the                                
director of elections, by regulation, require proof of identification for                           
any voter who votes absentee by mail - - existing regulations already                               
provide for that identification requirement. These amendments are                                   
required by sec. 303(b)(2)(A)(ii) of the HAVA.                                                      
                                                                                                    
Section 22 of the bill would amend AS 15.20.081 to add a new subsec.                                
(i) to allow the absentee ballot applications of absent uniformed                                   
services voters and absent overseas voters to be valid through the next                             
two federal elections. This amendment is required by sec. 704 of the                                
HAVA.                                                                                               
                                                                                                    
Section 25 of the bill would amend AS 15.20.203(b) to specify that the                              
absentee ballot of a first-time voter who registered by mail, facsimile,                            
or other electronic transmission will not be counted if the proper                                  
identification has not been provided. This amendment is required by                                 
sec. 302(b)(2) of the HAVA.                                                                         

2003-04-14                     Senate Journal                      Page 0839
                                                                                                    
Section 26 of the bill would repeal and reenact AS 15.20.203(h) to                                  
provide for a free access system for absentee voters to use to                                      
determine whether their ballot was counted. An example of a free                                    
access system is a toll-free phone number for voters to call. The free                              
access system would replace the current system of mailing individual                                
notice to voters. This change is required by sec. 302(b)(2) of the                                  
HAVA.                                                                                               
                                                                                                    
Section 29 of the bill would amend AS 15.20.207(b) to specify that the                              
provisional ballot of a first-time voter who registered by mail,                                    
facsimile, or other electronic transmission will not be counted if the                              
proper identification has not been provided. This amendment is                                      
required by secs. 302(a)(5)(A), 303(b)(1), 303(b)(2)(A)(i) and (ii), and                            
303(b)(3)(B) of the HAVA.                                                                           
                                                                                                    
Section 35 of the bill would repeal and reenact AS 15.20.207(h) to                                  
require a free access system, as described above, for voters to use to                              
determine whether their provisional ballot was counted. This change is                              
required by sec. 302(a)(5)(B) of the HAVA.                                                          
                                                                                                    
Section 41 of the bill would repeal statutes that are no longer                                     
necessary due to the changes described above.                                                       
                                                                                                    
Other changes proposed in the bill are not required by the HAVA.                                    
Section 4 of the bill would make "housekeeping" changes to AS                                       
15.07.060(b) regarding voter registration or identification cards from                              
another jurisdiction. Section 5 of the bill would amend AS                                          
15.07.060(c) to allow for additional acceptable forms of identification                             
for in-person voter registration. Section 8 of the bill would make                                  
"housekeeping" changes to AS 15.07.070(d). Section 12 of the bill                                   
would amend AS 15.10.107 to update the statute and reflect current                                  
division practices. Section 16 of the bill includes the repeal of                                   
language allowing additional forms of voter identification to be                                    
prescribed by regulation. Section 23 of the bill would amend AS                                     
15.20.082(a), regarding special absentee ballots, to expand the group                               
eligible to use these ballots to include persons in remote areas of                                 
Alaska; this change would duplicate the changes proposed by SB 24,                                  
introduced on January 23, 2003. Sections 25 and 29 of the bill would                                
amend AS 15.20.203(b) and 15.20.207(b), respectively, to specify that                               

2003-04-14                     Senate Journal                      Page 0840
absentee in-person ballots and provisional ballots will not be counted                              
if the voter has not provided the proper identification and was not                                 
personally known by the election official. Sections 38 - 40 of the bill                             
would amend statutes regarding the primary election by replacing the                                
terms "nonpartisan" and "undeclared" with the term "unaffiliated" in                                
identifying voters who are not affiliated with a political party, to                                
streamline references to such voters.                                                               
                                                                                                    
This bill must be enacted this year in order to comply with the                                     
timelines for various requirements set out in the HAVA. Therefore, I                                
urge your prompt and favorable action on this measure.                                              
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 139                                                                                            
SENATE BILL NO. 139 "An Act repealing the termination date of the                                   
Alaska salmon price report program; and providing for an effective                                  
date" was read the second time.                                                                     
                                                                                                    
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 BILL NO. 139 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 139 "An Act repealing                                    
the termination date of the Alaska salmon price report program; and                                 
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-14                     Senate Journal                      Page 0841
SB 139                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G,                                       
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Excused:  Guess                                                                                     
                                                                                                    
and so, SENATE BILL NO. 139 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.                                                          
                                                                                                    
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 82                                                                                             
CS FOR HOUSE BILL NO. 82(L&C) "An Act making certain activity                                       
related to commercial electronic mail unlawful and an unfair method                                 
of competition or an unfair or deceptive act or practice under the Act                              
enumerating unfair trade practices and consumer protections" 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. 82(L&C) was read the third time.                                              
                                                                                                    
Senators Ellis, Elton, Davis, Seekins, Wagoner, Lincoln, French, Gary                               
Stevens, Dyson, Taylor, Ogan, Cowdery, Bunde, Wilken, Olson,                                        
Green, Ben Stevens, Therriault moved and asked unanimous consent                                    
to be shown as cross sponsors on the bill. Without objection, it was so                             
ordered.                                                                                            
                                                                                                    
                                                                                                    

2003-04-14                     Senate Journal                      Page 0842
The question being: "Shall CS FOR HOUSE BILL NO. 82(L&C) "An                                        
Act making certain activity related to commercial electronic mail                                   
unlawful and an unfair method of competition or an unfair or                                        
deceptive act or practice under the Act enumerating unfair trade                                    
practices and consumer protections" pass the Senate?" The roll was                                  
taken with the following result:                                                                    
                                                                                                    
CSHB 82(L&C)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G,                                       
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Excused:  Guess                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 82(L&C) passed the Senate, was                                        
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - National Correctional Officers' Week, May 4-10                                           
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                
Elton, French, Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens,                                
Gary Stevens, Taylor, Wilken                                                                        
                                                                                                    
Honoring - Colonel Randy Crawford, Alaska State Troopers,                                           
Retirement                                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben                                  
Stevens, Gary Stevens, Taylor, Wilken                                                               
                                                                                                    
Honoring - Mrs. Rica Niemi Swanson                                                                  
Senator(s) Green, Therriault, Cowdery, Davis, Dyson, Elton, Guess,                                  
Hoffman, Lincoln, Seekins, Ben Stevens, Gary Stevens, Taylor,                                       
Wilken                                                                                              
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-14                     Senate Journal                      Page 0843
Honoring - Noorvik Bears, Class 1A Boys State Basketball                                            
Champions                                                                                           
Representative(s) Joule                                                                             
Senator(s) Olson, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Elton, Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary                                   
Stevens, Taylor, Wilken                                                                             
                                                                                                    
Honoring - Diane Palmer                                                                             
Representative(s) Williams                                                                          
Senator(s) Taylor, Therriault, Cowdery, Davis, Dyson, Elton, Green,                                 
Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens,                                 
Wilken                                                                                              
                                                                                                    
In Memoriam - Thelma L. Isaacs                                                                      
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary                                   
Stevens, Taylor, Wilken                                                                             
                                                                                                    
In Memoriam - Jimmie "Chief" Reed                                                                   
Representative(s) Crawford, Gara                                                                    
Senator(s) Davis, Ellis, Therriault, Bunde, Cowdery, Dyson, Elton,                                  
French, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben                                         
Stevens, Gary Stevens, Taylor, 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                                                 
                                                                                                    
Senator Lincoln moved and asked unanimous consent to be excused                                     
from a call of the Senate on April 15. Without objection, Senator                                   
Lincoln was excused.                                                                                
                                                                                                    
SB 160                                                                                            
Senators Wilken, Dyson, Davis, Seekins, Bunde, Cowdery, Green,                                      
Wagoner moved and asked unanimous consent to be shown as                                            
cosponsors on SENATE BILL NO. 160 "An Act relating to civil                                         
liability for use or attempted use of an automated external defibrillator;                          
and providing for an effective date." Without objection, it was so                                  
ordered.                                                                                            

2003-04-14                     Senate Journal                      Page 0844
HCR 2                                                                                             
The reconsideration on SENATE CS FOR CS FOR HOUSE                                                   
CONCURRENT RESOLUTION NO. 2(CRA) Relating to the                                                    
extension of the Alaska Railroad to Delta Junction and Fort Greely to                               
support expanding resource development, agricultural, and military                                  
activities, was not taken up this legislative day and the resolution was                            
referred to the Secretary for engrossment.                                                          
                                                                                                    
EO 106                                                                                            
In accordance with Article III, Section 23 of the Alaska Constitution,                              
action was not taken on the following Executive Order and it was                                    
returned to the Governor's Office at 10:05 a.m. on April 14, 2003:                                  
                                                                                                    
          EXECUTIVE ORDER NO. 106                                                                   
             Transferring the Alaska Coastal Policy Council from                                   
               the Office of the Governor to the Department of                                     
          Natural Resources.                                                                        
                                                                                                    
EO 107                                                                                            
In accordance with Article III, Section 23 of the Alaska Constitution,                              
action was not taken on the following Executive Order and it was                                    
returned to the Governor's Office at 10:05 a.m. on April 14, 2003:                                  
                                                                                                    
          EXECUTIVE ORDER NO. 107                                                                   
          Transferring certain functions relating to the                                            
          protection of fish habitat in rivers, lakes, and streams                                  
          of the state, and related functions regarding fish and                                    
          game protection, from the Department of Fish and                                          
             Game to a deputy commissioner of natural resources.                                   
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-14                     Senate Journal                      Page 0845
                                 Engrossment                                                     
                                                                                                    
SB 139                                                                                            
SENATE BILL NO. 139 "An Act repealing the termination date of the                                   
Alaska salmon price report program; and providing for an effective                                  
date" was engrossed, signed by the President and Secretary and                                      
transmitted to the House for consideration.                                                         
                                                                                                    
HCR 2                                                                                             
SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION                                                    
NO. 2(CRA) Relating to the extension of the Alaska Railroad to Delta                                
Junction and Fort Greely to support expanding resource development,                                 
agricultural, and military activities, was engrossed, signed by the                                 
President and Secretary and returned to the House for consideration.                                
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., April 15, 2003. Without                               
objection, the Senate adjourned at 11:49 a.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    June 2003                       

2003-04-14                     Senate Journal                      Page 0846
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
Apr 14        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 16        Wednesday                    Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 18        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 14        Monday                    Senate Finance 532            9:00 AM                     
     SB  35 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                    
     HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                    
     SB  36 APPROP:MENTAL HEALTH BUDGET                                                             
     HB  76 APPROP:MENTAL HEALTH BUDGET                                                             
              Reports from Budget Subcommittees                                                     
              <No Public Testimony>                                                                 
              <Testimony by Invitation Only>                                                        
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-14                     Senate Journal                      Page 0847
                             FINANCE (continued)                                                 
                                                                                                    
Apr 14        Monday                    Senate Finance 532            4:00 PM                     
     SB  35 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                    
     HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                    
     SB  36 APPROP:MENTAL HEALTH BUDGET                                                             
     HB  76 APPROP:MENTAL HEALTH BUDGET                                                             
              Reports from Budget Subcommittees                                                     
              Budget Close-out - University of Alaska                                               
              <No Public Testimony>                                                                 
              <Testimony by Invitation Only>                                                        
                                                                                                    
Apr 15        Tuesday                   Senate Finance 532            9:00 AM                     
     SB  35 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                    
     HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                    
     SB  36 APPROP:MENTAL HEALTH BUDGET                                                             
     HB  76 APPROP:MENTAL HEALTH BUDGET                                                             
              <No Public Testimony>                                                                 
              <Testimony by Invitation Only>                                                        
     HB 112 AIDEA : BONDS & MUNICIPAL TAX EXEMPTION                                                 
     SB  41 MEDICAID COSTS AND CRIMES                                                               
              <Pending Referral>                                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 15        Tuesday                   Senate Finance 532            5:00 PM                     
              -- Time Change --                                                                     
+ SB  35 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
+ HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
+ SB  36 APPROP:MENTAL HEALTH BUDGET                                                                
+ HB  76 APPROP:MENTAL HEALTH BUDGET                                                                
              Statewide Teleconference: (Public                                                     
              testimony limited to no more than 2 min.)                                             
              5:00 - 5:45 Dillingham, Homer, Seward                                                 
              5:45 - 6:30 Valdez, Cordova, Kenai                                                    
              6:30 - 7:00 Mat-Su                                                                    
              7:00 - 8:00 Fairbanks                                                                 
              8:00 - 9:00 Anchorage                                                                 
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-14                     Senate Journal                      Page 0848
                             FINANCE (continued)                                                 
                                                                                                    
Apr 16        Wednesday                 Senate Finance 532            9:00 AM                     
+ SB  35 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
+ HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
+ SB  36 APPROP:MENTAL HEALTH BUDGET                                                                
+ HB  76 APPROP:MENTAL HEALTH BUDGET                                                                
              Statewide Teleconference - Offnet Sites:                                              
              (Public testimony limited to no more than                                             
              2 minutes)                                                                            
     HB 160 EMISSION CONTROL PERMIT PROGRAM                                                         
     HB  59 CLEANUP OF ILLEGAL DRUG SITES                                                           
     SB  65 CORRECTIONAL FACILITY EXPANSION                                                         
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 16        Wednesday                 Senate Finance 532            5:00 PM                     
              -- Time Change --                                                                     
+ SB  35 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
+ HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
+ SB  36 APPROP:MENTAL HEALTH BUDGET                                                                
+ HB  76 APPROP:MENTAL HEALTH BUDGET                                                                
              Statewide Teleconference: (Public                                                     
              testimony limited to no more than 2 min.)                                             
              5:00 - 5:45 Nome, Kotzebue, Barrow                                                    
              5:45- 6:30 Tok, Ketchikan, Delta Junction                                             
              6:30 - 7:15 Kodiak, Bethel, Glennallen                                                
              7:15 - 8:00 Petersburg, Sitka, Wrangell                                               
              8:00 - 9:00 Juneau                                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 17        Thursday                  Senate Finance 532            9:00 AM                     
     SB  58 PFD INELIGIBILITY/MOTOR VEHICLE INSURANCE                                               
     SB  59 PERMANENT FUND INELIGIBILITY FOR DUI                                                    
     SB 148 PFD: ALLOWABLE ABSENCE FOR MILITARY SVC                                                 
     HB 159 FINANCIAL INSTITUTION EXAMINATIONS/CFAB                                                 
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 18        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-14                     Senate Journal                      Page 0849
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 14        Monday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
+             AK Responds to Severe Acute Respiratory                                               
              Syndrome: Division of Public Health                                                   
+ HJR 13 FEDERAL EDUCATION LAW OF 2001                                                              
+= SB  30 ABORTION: INFORMED CONSENT; INFORMATION                                                   
                                                                                                    
Apr 16        Wednesday                       Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
+             Confirmation Hearings:                                                                
              Board of Nursing                                                                      
              Board of Professional Counselors                                                      
+ SB 179 TEACHER CERTIFICATION : FINGERPRINTS                                                       
+ SB 138 PHARMACIST/DOCTOR COLLABORATIVE PROTOCOLS                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 14        Monday                                Beltz 211         1:00 PM                     
              -- Recessed to 4/15/03 at 5:00 pm --                                                  
              -- Permanent Time Change --                                                           
+ SB  87 PRINCIPAL AND INCOME                                                                       
+ SB 163 POWERS OF APPOINTMENTS/TRUSTS/CREDITORS                                                    
+ HB  64 PURCHASE OF STRUCTURED SETTLEMENTS                                                         
+= SB  41 MEDICAID COSTS AND CRIMES                                                                 
              <Bill Hearing Rescheduled from 4/11/03>                                               
+= SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE                                                 
              <Bill Hearing Rescheduled from 4/11/03>                                               
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 15        Tuesday                               Beltz 211         5:00 PM                     
              -- Continued from 4/14/03 --                                                          
= SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE                                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-04-14                     Senate Journal                      Page 0850
                            JUDICIARY (continued)                                                
                                                                                                    
Apr 16        Wednesday                             Beltz 211         1:00 PM                     
              -- Permanent Time Change --                                                           
+             Confirmation Hearing:                                                                 
              Commission on Judicial Conduct -                                                      
              Richard Burton                                                                        
+ SB  93 ADVERSE POSSESSION                                                                         
+ SB  64 CREDIT INFORMATION                                                                         
+             Confirmation Hearing:                                                                 
              Select Committee on Legislative Ethics -                                              
              Shirley McCoy                                                                         
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 18        Friday                                Beltz 211         1:00 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 15        Tuesday                               Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
+= HB 118 TRANSPORTATION OF COMMERCIAL FISH                                                         
+= SB 111 PUBLIC CONSTRUCTION PROJECT REQUIREMENTS                                                  
+= SB 114 INCREASE BUSINESS LICENSE FEE                                                             
+ SB 168 CIGARETTE SALE/DISTRIBUTION                                                                
+ SB 156 PREGNANCY ALCOHOL WARNING                                                                  
+ SB 180 SAFETY CODE TASK FORCE                                                                     
                                                                                                    
Apr 17        Thursday                              Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Apr 14        Monday                          Butrovich 205           3:30 PM                     
+ SB  31 RAILROAD UTILITY CORRIDOR TO & IN CANADA                                                   
+ SB 151 REGULATION OF NATURAL GAS PIPELINES                                                        
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 16        Wednesday                       Butrovich 205           3:30 PM                     
+ HB  90 TAX CREDIT:SALMON DEVELOPMENT/UTILIZATION                                                  
+ SB 147 CONTROL OF NUISANCE WILD ANIMALS                                                           
+             Bills Previously Heard/Scheduled                                                      

2003-04-14                     Senate Journal                      Page 0851
                            RESOURCES (continued)                                                
                                                                                                    
Apr 18        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 15        Tuesday                         Butrovich 205           9:00 AM                     
              -- Time and Location Change --                                                        
+ SB 152 CONCEALED HANDGUNS                                                                         
+ SB 162 CIGARETTE SALES REQUIREMENTS                                                               
+= SB 119 ELIMINATE APOC                                                                            
              <Bill Hearing Rescheduled from 4/10/03>                                               
+ HB  34 REPEAL SUNSET OF NEGOTIATED REG.MAKING                                                     
+ HB 114 ISSUANCE OF SEARCH WARRANTS                                                                
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 17        Thursday                              Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 15        Tuesday                         Butrovich 205           1:30 PM                     
     HB 124 COMMERCIAL MOTOR VEHICLE DRIVERS/EMPLOYER                                               
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                        MILITARY AND VETERANS AFFAIRS                                            
                                                                                                    
Apr 14        Monday                       Fahrenkamp 203            12:00 PM                     
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Apr 14        Monday                    Senate Finance 532           12:15 PM                     
              Homeland Security and Anti-Terrorism:                                                 
              Exec Committee, Anti-Terrorism Task Force                                             
                   ----------------------------------------                                        

2003-04-14                     Senate Journal                      Page 0852
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Apr 29        Tuesday                    House Finance 519            8:00 AM                     
              Audits and Other Committee Business                                                   
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                 FISH CAUCUS                                                     
                                                                                                    
Apr 16        Wednesday                       Butrovich 205          12:00 PM                     
              Presentations:                                                                        
              Kachemak Bay Research Reserve                                                         
              Prince William Sound Fisheries Research                                               
              Applications and Planning                                                             
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Apr 25        Friday                       House Chamber            11:00 AM                      
              Address by U.S. Senator Lisa Murkowski