Legislature(2003 - 2004)
2003-04-28 Senate Journal
Full Journal pdf2003-04-28 Senate Journal Page 0989 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday April 28, 2003 Ninety-eighth Day Pursuant to adjournment the Senate was called to order by President Therriault at 11:12 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor Greg Lindsay of Northern Light United Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. In deepest respect for the religious traditions of each person present, let us pause for a moment of prayer and reflection. Let us pray: Gracious God, today we pray for children. We thank You for their playful spirit, for their joyful view of the world, and for their innocence. We thank You for the wonder of kids; for our own kids, for the kids in our neighborhoods, and for all the kids in our state. Today we want to hold them all up in prayer; the kids who have enough to nurture them through childhood; enough love, food and education. And we especially pray today for the ones who don't. Help us, loving God, to view each child as a sacred, precious gift. We pray today for the work You give us to do, for the priorities that You order. We recall that when the prophet Micah asked what the Lord required of him, Your answer was to seek justice, to love kindness and to walk humbly with his God. Today we pray for humility in our lives as public servants. Keep our minds and hearts focused on the tasks at hand. We give thanks for the opportunity to serve. Amen. 2003-04-28 Senate Journal Page 0990 Senator Hoffman led the Senate in the Pledge of Allegiance. Certification Senator Ben Stevens moved and asked unanimous consent that the journals for the ninety-fifth through ninety-seventh legislative days and Senate and House Joint Journal Supplement No. 9 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Message dated April 28 was read, stating the Office of the Governor has received notice from the following individual that she does not wish to be considered for appointment: Personnel Board Paulette Simpson - Juneau SCR 5 Message dated April 24 and received April 25 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 5 Relating to declaring March 2003 as Sobriety Awareness Month. Legislative Resolve No. 2 SJR 9 Message dated April 24 and received April 25 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's Office for permanent filing: 2003-04-28 Senate Journal Page 0991 CS FOR SENATE JOINT RESOLUTION NO. 9(STA) Expressing confidence in and support for all members of the military, their families, and employers of members of the National Guard. Legislative Resolve No. 6 SCR 4 Message dated April 24 and received April 25 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's Office for permanent filing: HCS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 4(STA) am H Relating to Avalanche Awareness Month. Legislative Resolve No. 7 HJR 18 Message dated April 24 and received April 25 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 18(STA) Supporting the men and women of the United States armed forces. Legislative Resolve No. 8 SCR 1 Message dated April 24 and received April 25 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's Office for permanent filing: 2003-04-28 Senate Journal Page 0992 HCS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 1(TRA) am H Relating to economic development generated by new road construction and to the design and construction of the Hot Springs Loop Road to connect Chena Hot Springs and Circle Hot Springs, of a highway along the Bradfield/Iskut Rivers transportation corridor, of the Knik Arm Crossing, of a road from Iliamna Bay to Pile Bay, and of other roads and highways. Legislative Resolve No. 9 SCR 7 Message dated April 24 and received April 25 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's Office for permanent filing: 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. Legislative Resolve No. 10 SJR 7 Message dated April 24 and received April 25 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 7(EDT) Expressing support for Vancouver, British Columbia's, bid for the 2010 Olympic Winter Games and the Paralympic Winter Games. Legislative Resolve No. 11 2003-04-28 Senate Journal Page 0993 Messages from the House Message dated April 25 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 16 CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(RLS) BY THE HOUSE RULES COMMITTEE, Proposing amendments to the Uniform Rules of the Alaska State Legislature providing that the 2000 edition of "Mason's Manual of Legislative Procedure" shall implement the rules; relating to meetings of subcommittees and conference committees; and providing for an effective date for the amendments. was read the first time and referred to the Judiciary Committee. Standing Committee Reports SB 168 The Labor and Commerce Committee considered SENATE BILL NO. 168 "An Act relating to issuance and revocation of licenses for the importation, sale, distribution, or manufacture of cigarettes and tobacco products; relating to a tax refund or credit for unsaleable, returned, or destroyed tobacco products; relating to restrictions on shipping or transporting cigarettes; relating to records concerning the sale of cigarettes; amending and adding definitions relating to cigarette taxes; relating to the payment of cigarette taxes; relating to penalties applicable to cigarette taxes; relating to the definition of the wholesale price of tobacco products; relating to payment of cigarette taxes through the use of cigarette tax stamps; relating to provisions making certain cigarettes contraband and subject to seizure and forfeiture; relating to certain crimes, penalties, and interest concerning tobacco taxes and sales; and providing for an effective date" and recommended it be replaced with 2003-04-28 Senate Journal Page 0994 CS FOR SENATE BILL NO. 168(L&C)"An Act relating to issuance and revocation of licenses for the importation, sale, distribution, or manufacture of cigarettes and tobacco products; relating to a tax refund or credit for unsaleable, returned, or destroyed tobacco products; relating to restrictions on and penalties for shipping or transporting cigarettes; relating to records concerning the sale of cigarettes; amending and adding definitions relating to cigarette taxes; relating to the payment of cigarette taxes; relating to penalties applicable to cigarette taxes; relating to the definition of the wholesale price of tobacco products; relating to payment of cigarette taxes through the use of cigarette tax stamps; relating to provisions making certain cigarettes contraband and subject to seizure and forfeiture; relating to certain crimes, penalties, and interest concerning tobacco taxes and stamps; relating to cigarette sales; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senator Seekins. Signing no recommendation: Senators Davis, French, Gary Stevens. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue Fiscal Note No. 2, zero, Department of Law The bill was referred to the Finance Committee. SB 173 The Finance Committee considered SENATE BILL NO. 173 "An Act repealing statutes pertaining to the Alaska Science and Technology Foundation and transferring money in the foundation's endowment; repealing statutes relating to the BIDCO assistance program; repealing statutes pertaining to the international trade and business endowment and transferring money in the international trade and business endowment; transferring oversight administration of outstanding Alaska Science and Technology Foundation loans and grants to the Alaska Industrial Development and Export Authority; establishing an Alaska BIDCO assistance program to be administered by the Department of Community and Economic Development; making conforming amendments; and providing for an effective date." Signing do pass: Senators Wilken, Green, Cochairs; Senator Ben Stevens. Signing no recommendation: Senators Hoffman, Olson, Bunde. 2003-04-28 Senate Journal Page 0995 The following fiscal information was published today: Fiscal Note No. 2, Department of Community and Economic Development The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the Rules Committee. Introduction and Reference of Senate Resolutions SCR 12 SENATE CONCURRENT RESOLUTION NO. 12 BY SENATORS WILKEN, Bunde, Cowdery, Green, Ogan, Seekins, Ben Stevens, Gary Stevens, Wagoner, Requesting the Local Boundary Commission to consider borough incorporation for certain unorganized areas. was read the first time and referred to the Community and Regional Affairs and State Affairs Committees. Introduction and Reference of Senate Bills SB 201 SENATE BILL NO. 201 BY THE SENATE JUDICIARY COMMITTEE, entitled: "An Act relating to home care and respite care; and providing for an effective date." was read the first time and referred to the State Affairs and Health, Education and Social Services Committees. 2003-04-28 Senate Journal Page 0996 SB 202 SENATE BILL NO. 202 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act relating to school transportation; relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. Consideration of the Calendar Second Reading of House Bills HB 75 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN) am(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date" was read the second time. Senator Green, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 968. Without objection, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN) SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 75(FIN) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" (technical title change) was adopted. Senators French, Davis, Ellis, Elton, Guess, Hoffman, Lincoln, Olson, offered Amendment No. 1 : 2003-04-28 Senate Journal Page 0997 Page 58, line 11, delete: "(d) The balance of the Alaska Science and Technology Endowment (AS 37.17.020) on June 30, 2003, including unobligated and unencumbered earnings, is appropriated to the general fund." Senator French moved for the adoption of Amendment No. 1. Objections were heard. Senator Ben Stevens rose to a point of order regarding dilatory debate. President Therriault cautioned the members to proceed in order. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 1 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken and so, Amendment No. 1 failed. Senators Elton, Davis, Ellis, French, Guess, Hoffman, Lincoln, Olson, offered Amendment No. 2 : Page 9, line 23: Under Appropriation Items: Delete "678,817,100" Insert "689,317,100" Under General Funds: Delete "645,444,200" Insert "645,944,200" Page 10, following line 7: Under Allocations: Insert "Community Schools 500,000" 2003-04-28 Senate Journal Page 0998 Page 10, line 8: Under Appropriation Items: Delete "43,188,200" Insert "47,399,800" Under General Funds: Delete "43,188,200" Insert "47,399,800" Page 10, line 9: Under Allocations: Delete "43,188,200" Insert "47,399,800" Page 22, line 9: Under Appropriation Items: Delete "103,555,700" Insert "103,722,800" Under General Funds: Delete "4,786,700" Insert "4,953,800" Page 22, line 13: Under Allocations: Delete "2,646,400" Insert "2,813,500" Page 34, line 25: Under Appropriation Items: Delete "651,869,000" Insert "652,369,000" Under General Funds: Delete "215,061,900" Insert "215,561,900" Page 34, line 26: Under Allocations: Delete "63,956,200" Insert "64,456,200" 2003-04-28 Senate Journal Page 0999 Page 39, line 7: Delete "711,421,300" Insert "716,132,900" Page 41, line 11: Delete "8,513,300" Insert "8,680,400" Page 44, line 28: Delete "212,284,600" Insert "212,784,600" Page 53, line 30: Delete "32,150,600" Insert "54,595,400" Page 54, line 7: Delete "32,150,600" Insert "54,595,400" Page 54, line 10: Delete "4,169" Insert "4,280" Page 54, line 15: Delete "32,150,600" Insert "54,595,400" Page 55, line 12: Delete "32,150,600" Insert "54,595,400" Page 55, line 24 - Page 56, line 2: Delete all material. Senator Elton moved for the adoption of Amendment No. 2. Senator Wilken objected. Senator Hoffman moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Hoffman was required to vote. 2003-04-28 Senate Journal Page 1000 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 2 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken and so, Amendment No. 2 failed. Senators Elton, Davis, Ellis, French, Guess, Hoffman, Lincoln, Olson, offered Amendment No. 3 : Page 53, line 30: Delete "32,150,600" Insert "54,595,400" Page 54, line 7: Delete: "32,150,600" Insert: "54,595,400" Page 54, line 10: Delete "4,169" Insert "4,280" Page 54, line 15: Delete "32,150,600" Insert "54,595,400" Page 55, line 12: Delete "32,150,600" Insert "54,595,400" Senator Elton moved for the adoption of Amendment No. 3. Senator Ben Stevens objected. 2003-04-28 Senate Journal Page 1001 Senator Ben Stevens rose to a point of order regarding admissibility of the amendment. President Therriault ruled the amendment in order. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 3 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Taylor changed from "Yea" to "Nay". and so, Amendment No. 3 failed. Senators Ellis, Davis, Elton, French, Guess, Hoffman, Lincoln, Olson, offered Amendment No. 4 : Page 66, lines 21-29: Delete all text Page 66, line 21: Insert new subsections to read: "(b) The amount calculated as follows is appropriated from the budget reserve fund on June 30, 2003 to the dividend fund (AS 43.23.045) for payment of 2003 permanent fund dividends: (1) calculate 21 percent of the net income of the Alaska permanent fund determined under AS 37.13.140 for the last five fiscal years, including fiscal year 2003; (2) divide the amount obtained under (1) of this section by two; (3) subtract from the amount obtained under (2) of this section the amount transferred under AS 37.13.145(b) for 2003 permanent fund dividends. (c) It is the intent of the Legislature through the appropriation in (b) of this section assure the people of Alaska that there will be a permanent fund dividend in 2003." 2003-04-28 Senate Journal Page 1002 Renumber accordingly. Senator Ellis moved for the adoption of Amendment No. 4. Senator Green objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 4 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken and so, Amendment No. 4 failed. Recess Senator Ben Stevens moved and asked unanimous consent that the Senate stand in recess to 6:00 p.m. Without objection, the Senate recessed at 1:06 p.m. After Recess The Senate reconvened at 6:05 p.m. Senator Ben Stevens moved and asked unanimous consent that Senator Davis be excused from a call of the Senate for medical reasons from April 28 until April 30, evening plane time. Without objection, Senator Davis was excused. 2003-04-28 Senate Journal Page 1003 HB 75 Senator Hoffman offered Amendment No. 5 : Page 14, line 13: Under General Funds: Insert "800,000" Senator Hoffman moved for the adoption of Amendment No. 5. Senator Green objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 5 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Cowdery, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 5 failed. Senator Lincoln offered Amendment No. 6 : Page 15, line 21: Delete "121,728,900" Insert "122,892,100" Delete "100,980,300" Insert "102,143,500" Page 15, line 29: Delete "8,663,700" Insert "9,826,900" Senator Lincoln moved for the adoption of Amendment No. 6. Senator Green objected. Senator Ellis called the Senate. The call was satisfied. 2003-04-28 Senate Journal Page 1004 The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 6 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 6 failed. Senators French, Ellis, Elton, Guess, Lincoln, Olson, offered Amendment No. 7 : Page 4, following line 17: Under Appropriation Items: Insert "Alaska Public Offices Commission 500,000" Under General Funds: Insert "500,000" Under Allocations: Insert "500,000" Senator French moved for the adoption of Amendment No. 7. Senator Green objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 7 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis 2003-04-28 Senate Journal Page 1005 and so, Amendment No. 7 failed. Senator Olson offered Amendment No. 8 : Page 22, line 9: Delete "103,555,700" Insert "103,855,700" Delete "98,769,000" Insert "99,069,000" Page 22, line 19: Delete "800,900" Insert "1,100,900" Senator Olson moved for the adoption of Amendment No. 8. Objections were heard. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 8 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 8 failed. Senator Ellis offered Amendment No. 9 : Page 26, line 26: Delete "4,883,600" Insert "4,583,600" Delete "4,867,600" Insert "4,567,600" 2003-04-28 Senate Journal Page 1006 Page 26, line 30: Delete "1,051,300" Insert "751,300" Senator Ellis moved for the adoption of Amendment No. 9. Senator Green objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 9 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 9 failed. Senator Lincoln offered Amendment No. 10 : Page 15, line 21: Delete "121,728,900" Insert "122,953,900" Delete "100,980,300" Insert "102,205,300" Page 15, line 29: Delete "8,663,700" Insert "9,888,700" Senator Lincoln moved and asked unanimous consent for the adoption of Amendment No. 10. Senator Green objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: 2003-04-28 Senate Journal Page 1007 SCS CSSSHB 75(FIN) Second Reading Amendment No. 10 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 10 failed. Senator Hoffman offered Amendment No. 11 : Commercial Fisheries Under General Funds: Insert $427,600 Senator Hoffman moved for the adoption of Amendment No. 11. Senator Ben Stevens objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 11 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 11 failed. 2003-04-28 Senate Journal Page 1008 Senator French offered Amendment No. 12 : Page 16, line 14: Delete "129,237,400" Insert "129,312,900" Delete "83,956,600" Insert "84,032,100" Page 17, line 9: Delete "426,800" Insert "502,300" Senator Ellis called the Senate. The call was satisfied. Senator French moved for the adoption of Amendment No. 12. Senator Ben Stevens objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 12 YEAS: 6 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Guess, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 12 failed. Senator Lincoln offered Amendment No. 13 : Page 20, line 17: Delete "15,877,000" Insert "16,203,000 Delete "11,822,500" Insert "12,148,500" 2003-04-28 Senate Journal Page 1009 Page 20, line 23: Delete "1,176,500" Insert "1,502,500" Senator Lincoln moved and asked unanimous consent for the adoption of Amendment No. 13. Objections were heard. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 13 YEAS: 6 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Guess, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 13 failed. Senators Ellis, Elton, Davis, French, Guess, Lincoln, offered Amendment No. 14 : Page 14, line 27: Under Appropriation Items: Delete "8,952,500" Insert "8,602,500" Under General Funds: Delete "8,879,800" Insert "8,429,800" Page 14, line 28: Under Allocations: Delete "6,994,800" Insert "6,894,800" 2003-04-28 Senate Journal Page 1010 Page 14, line 30: Under Allocations: Delete "710,000" Insert "360,000" Senator Ellis moved and asked unanimous consent for the adoption of Amendment No. 14. Senator Green objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 14 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 14 failed. Senator French offered Amendment No. 15 : Page 15, line 21: Delete "121,728,900" Insert "122,365,900" Delete "100,980,300" Insert "101,617,300" Page 16, following line 13: Insert new material to read: "ALLOCATIONS Services to the 637,000 Chronically Mentally Ill" Senator French moved for the adoption of Amendment No. 15. Senator Green objected. 2003-04-28 Senate Journal Page 1011 The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: SCS CSSSHB 75(FIN) Second Reading Amendment No. 15 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 15 failed. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Objections were heard. President Therriault stated SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN) will be on the April 29 calendar. HB 76 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date" was read the second time. Senator Green, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 969. Without objection, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) was adopted. Senators Wilken, Green offered Amendment No. 1 : 2003-04-28 Senate Journal Page 1012 Page 11, following line 12: Insert new material to read: APPROPRIATION OTHER ITEMS FUNDS MH Fairbanks Detoxification Unit Expansion and Renovation (ED 7-11) 1,000,000 1,000,000 Page 13, line 5: Delete "1,500,000" Insert "2,500,000" Page 13, line 6: Delete "3,577,100" Insert "4,577,100" Page 14, line 12: Delete "1,500,000" Insert "2,500,000" Page 14, line 14: Delete "$6,539,600" Insert "7,539,600" Senator Wilken moved and asked unanimous consent for the adoption of Amendment No. 1. Senator Ellis objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. President Therriault stated SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) am S will be on the April 29 calendar. Third Reading of Senate Bills SB 151 CS FOR SENATE BILL NO. 151(L&C) was read the third time. 2003-04-28 Senate Journal Page 1013 The question being: "Shall CS FOR SENATE BILL NO. 151(L&C) "An Act relating to the regulation of natural gas pipelines under the Pipeline Act; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 151(L&C) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, CS FOR SENATE BILL NO. 151(L&C) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Reconsideration of House Bills HB 140 Senator Wilken requested that the reconsideration on SENATE CS FOR HOUSE BILL NO. 140(STA) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE CS FOR HOUSE BILL NO. 140(STA) "An Act relating to benefits for retired teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2003-04-28 Senate Journal Page 1014 SCS HB 140(STA) Third Reading - On Reconsideration YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Ellis, Elton, French, Guess, Lincoln Excused: Davis and so, SENATE CS FOR HOUSE BILL NO. 140(STA) passed the Senate on reconsideration. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Senator Hoffman objected. The question being: "Shall the effective date clause be adopted?" SCS HB 140(STA) Effective Date Clause YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Excused: Davis and so the effective date clause failed to be adopted and SENATE CS FOR HOUSE BILL NO. 140(STA)(efd fld S) "An Act relating to benefits for retired teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner" was referred to the Secretary for engrossment. 2003-04-28 Senate Journal Page 1015 Unfinished Business HB 69 The reconsideration on SENATE CS FOR HOUSE BILL NO. 69(RES) "An Act relating to regulation of shallow natural gas leasing and closely related energy projects; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. SJR 16 The reconsideration on SENATE JOINT RESOLUTION NO. 16 Encouraging the federal government to end the federal subsidy of ethanol, and requesting the Congress of the United States to mandate that land currently used to grow corn for the production of ethanol be returned to its natural state, was not taken up this legislative day and the resolution was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Engrossment SB 151 CS FOR SENATE BILL NO. 151(L&C) "An Act relating to the regulation of natural gas pipelines under the Pipeline Act; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 69 SENATE CS FOR HOUSE BILL NO. 69(RES) "An Act relating to regulation of shallow natural gas leasing and closely related energy projects; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 2003-04-28 Senate Journal Page 1016 SJR 16 SENATE JOINT RESOLUTION NO. 16 Encouraging the federal government to end the federal subsidy of ethanol, and requesting the Congress of the United States to mandate that land currently used to grow corn for the production of ethanol be returned to its natural state was engrossed, signed by the President and Secretary and transmitted 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 29, 2003. Without objection, the Senate adjourned at 8:31 p.m. Kirsten Waid Secretary of the Senate June 2003 2003-04-28 Senate Journal Page 1017 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 28 Monday Fahrenkamp 203 1:30 PM No Meeting Scheduled Apr 30 Wednesday Fahrenkamp 203 1:30 PM + SB 183 MUNICIPAL ECONOMIC DEVELOPMENT May 02 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Apr 28 Monday Senate Finance 532 9:00 AM = HB 59 CLEANUP OF ILLEGAL DRUG SITES = SB 173 SCIENCE & TECH FOUNDATION/BIDCO/INT.TRADE HB 11 DEPOSITS TO THE PERMANENT FUND Bills Previously Heard/Scheduled Apr 29 Tuesday Senate Finance 532 9:00 AM = SB 65 CORRECTIONAL FACILITY EXPANSION <Bill Hearing Postponed> HB 187 EXTEND BOARD OF STORAGE TANK ASSISTANCE SB 146 COMMEMORATIVE VETERANS LICENSE PLATE = SB 86 INTEREST ON DELINQUENT TAXES = HB 59 CLEANUP OF ILLEGAL DRUG SITES Bills Previously Heard/Scheduled 2003-04-28 Senate Journal Page 1018 FINANCE (continued) Apr 30 Wednesday Senate Finance 532 9:00 AM SB 117 ELIMINATING LONGEVITY BONUS PROGRAM <No Public Testimony> <Testimony by Invitation Only> = HB 112 AIDEA : BONDS & MUNICIPAL TAX EXEMPTION = SB 142 DNR LEAD RESOURCE DEVELOPMENT PROJECTS Bills Previously Heard/Scheduled Apr 30 Wednesday Senate Finance 532 5:30 PM -- Time Change -- += SB 117 ELIMINATING LONGEVITY BONUS PROGRAM <Public Testimony> Bills Previously Heard/Scheduled May 01 Thursday Senate Finance 532 9:00 AM = SB 72 EXTEND REGULATORY COMMISSION OF ALASKA SB 180 SAFETY CODE TASK FORCE = SB 148 PFD: ALLOWABLE ABSENCE FOR MILITARY SVC Bills Previously Heard/Scheduled May 02 Friday Senate Finance 532 9:00 AM = SB 100 APPROP: CAPITAL PROJECTS <No Public Testimony> <Testimony by Invitation Only> Bills Previously Heard/Scheduled May 02 Friday Senate Finance 532 4:00 PM -- Time Change -- += SB 100 APPROP: CAPITAL PROJECTS <Public Testimony> Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Apr 28 Monday Butrovich 205 1:30 PM No Meeting Scheduled Apr 30 Wednesday Butrovich 205 1:30 PM += SCR 10 CHARTER SCHOOL TASK FORCE + Bills Previously Heard/Scheduled 2003-04-28 Senate Journal Page 1019 HEALTH, EDUCATION & SOCIAL SERVICES (continued) May 02 Friday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 28 Monday Beltz 211 1:00 PM + HB 52 SEX CRIME AND PORNOGRAPHY FORFEITURES + SB 22 CRIME VICTIMS' COMP.:SEXUAL ABUSE/ASSAULT + HB 2 CIVIL STATUTE OF LIMITATIONS/SEX OFFENSES + SB 85 REPEAT SERIOUS SEX OFFENSES + Bills Previously Heard/Scheduled Apr 30 Wednesday Beltz 211 1:00 PM + SB 160 CIVIL LIABILITY FOR DEFIBRILLATOR USE + HB 34 REPEAL SUNSET OF NEGOTIATED REG.MAKING + SB 152 CONCEALED HANDGUNS + HB 249 RESTRAINT OF TRADE: ATTY FEES AND COSTS + Bills Previously Heard/Scheduled May 02 Friday Beltz 211 1:00 PM + HB 114 ISSUANCE OF SEARCH WARRANTS + HB 49 EXPAND DNA DATABASE + SB 30 ABORTION: INFORMED CONSENT; INFORMATION + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Apr 29 Tuesday Beltz 211 1:30 PM + SB 175 LIABILITY:RECREATIONAL ACTIVITY/BOATS/AIR + SB 176 CIVIL LIABILITY FOR LIVESTOCK ACTIVITIES + HB 214 PUNITIVE DAMAGES AGAINST EMPLOYERS + HB 184 INDIVIDUAL DEFERRED ANNUITIES Bills Previously Heard/Scheduled May 01 Thursday Beltz 211 1:30 PM += SB 13 INSURANCE DISCRIMINATION BY CREDIT RATING + SB 186 CHARITABLE GAMING/ELECTRONIC GAMING + SB 178 STATE LOTTERY Bills Previously Heard/Scheduled 2003-04-28 Senate Journal Page 1020 RESOURCES Apr 28 Monday Butrovich 205 3:30 PM += SB 88 FOREST RESOURCES & PRACTICES STANDARDS <Bill Hearing Rescheduled from 4/25/03> + SB 56 SPORT FISHING FEES FOR YUKON RESIDENTS + Bills Previously Heard/Scheduled Apr 30 Wednesday Butrovich 205 3:30 PM + SB 155 HUNTING SAME DAY AIRBORNE + Bills Previously Heard/Scheduled May 02 Friday Butrovich 205 3:30 PM + SB 149 REPEAL CERTAIN TIMBER SALE REQUIREMENTS + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Apr 29 Tuesday Beltz 211 3:30 PM + HB 14 PERMANENT FUND ALLOWABLE ABSENCES HB 45 SECOND VERSE OF ALASKA'S STATE SONG HCR 7 UNIFORM RULES: EXECUTIVE SESSIONS SB 145 REEMPLOYMENT OF RETIRED TEACHERS Bills Previously Heard/Scheduled May 01 Thursday Beltz 211 3:30 PM + SJR 18 CONST. AM: PF APPROPS/INFLATION-PROOFING + SB 195 CERTIFICATES OF PARTICIPATION FOR JAILS Bills Previously Heard/Scheduled HB 127 ROADSIDE MEMORIALS ---------------------------------------- TRANSPORTATION Apr 29 Tuesday Butrovich 205 1:30 PM += SB 125 STATE CONTRACTS += HB 81 MOTOR VEHICLE EMISSIONS INSPECTION Bills Previously Heard/Scheduled May 01 Thursday Butrovich 205 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- 2003-04-28 Senate Journal Page 1021 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Apr 29 Tuesday Terry Miller 104 8:00 AM -- Location Change -- Audits and Other Committee Business ---------------------------------------- LEGISLATIVE COUNCIL May 02 Friday Capitol 208 12:00 PM Information Technology Subcommittee Information Technology & Alaska's Future ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Apr 29 Tuesday Fahrenkamp 203 12:00 PM + How Child Abuse is Being Addressed: AK Children's Alliance and Children's Advocacy Center Working Group