Legislature(2003 - 2004)

2003-05-10 Senate Journal

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2003-05-10                     Senate Journal                      Page 1293
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                     Saturday                    May 10, 2003                       
                                                                                                    
                            One Hundred Tenth Day                                                
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:40 a.m.                                                                            
                                                                                                    
The roll showed eighteen members present. Senator French was                                        
excused from a call of the Senate. Senator Ogan was absent.                                         
                                                                                                    
The prayer was offered by the Chaplain, Senator Cowdery. Senator                                    
Olson moved and asked unanimous consent that the prayer be spread.                                  
Without objection, it was so ordered.                                                               
                                                                                                    
          Our Father in Heaven,                                                                     
                                                                                                    
            We thank You for Your presence, comforting assurance.                                  
                                                                                                    
          Love and guide our military that serve and protect our                                    
          great country. We ask for their protection during danger                                  
          and keep them in Your loving care until they return to                                    
          their loved ones.                                                                         
                                                                                                    
          Hold Your protecting hand over our nation.                                                
                                                                                                    
          Preserve our priceless religious liberty and keep all                                     
          believers faithful to You.                                                                
                                                                                                    
          Turn the hearts of unbelievers to accept the peace and                                    
          comfort that only faith in God can bring them.                                            
                                                                                                    
          Give us faith instead of unbelief.                                                        
          Courage instead of fear.                                                                  
          Love instead of hate.                                                                     
          Peace instead of quarrel.                                                                 
          War and righteousness instead of sin everywhere and in                                    
          everything.                                                                               
                                                                                                    

2003-05-10                     Senate Journal                      Page 1294
          Bless all the mothers of this world and remind us all in                                  
          the Legislature to call our mothers and tell them we love                                 
          them.                                                                                     
                                                                                                    
           Bless all the children who are still too young to hate.                                 
                                                                                                    
        Hear our Prayer for Jesus' sake.                         Amen.                             
                                                                                                    
Senator Davis led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred ninth legislative day be approved as                                    
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
SB 83                                                                                             
Message dated and received May 9 was read, stating the Governor                                     
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
                  SENATE BILL NO. 83 "An Act naming the Sven                                       
          Haakanson, Sr. Airport at Old Harbor."                                                    
                                                                                                    
                             Chapter 18, SLA 2003                                                  
                        Effective Date: August 7, 2003                                             
                                                                                                    
SJR 12                                                                                            
Message dated May 8 and received May 9 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 CS FOR SENATE JOINT                                                          
          RESOLUTION NO. 12(FSH) Supporting the halibut                                             
          by-catch utilization project of the Alaska Food                                           
          Coalition.                                                                                
                                                                                                    
                          Legislative Resolve No. 14                                               

2003-05-10                     Senate Journal                      Page 1295
HCR 11                                                                                            
Message dated May 8 and received May 9 was read, stating the                                        
Governor transmitted the engrossed and enrolled copies of the                                       
following resolution to the Lieutenant Governor's Office for                                        
permanent filing:                                                                                   
                                                                                                    
          CS FOR HOUSE CONCURRENT RESOLUTION                                                        
          NO. 11(FSH) am Relating to Alaska Wild Salmon                                             
          Week, June 30 - July 4, 2003.                                                             
                                                                                                    
                          Legislative Resolve No. 15                                               
                                                                                                    
HCR 7                                                                                             
Message dated May 8 and received May 9 was read, stating the                                        
Governor transmitted the engrossed and enrolled copies of the                                       
following resolution to the Lieutenant Governor's Office for                                        
permanent filing:                                                                                   
                                                                                                    
          CS FOR HOUSE CONCURRENT RESOLUTION                                                        
          NO. 7(RLS) Proposing an amendment to the Uniform                                          
          Rules of the Alaska State Legislature relating to                                         
          executive sessions of legislative bodies; and                                             
          providing for an effective date for the amendment.                                        
                                                                                                    
                          Legislative Resolve No. 16                                               
                                                                                                    
HCR 20                                                                                            
Message dated and received May 9 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 CONCURRENT RESOLUTION NO. 20                                                        
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning Senate Bill No. 115, relating to                                               
          correctional industries.                                                                  
                                                                                                    
                          Legislative Resolve No. 17                                               
                                                                                                    
                                                                                                    

2003-05-10                     Senate Journal                      Page 1296
SCR 9                                                                                             
Message dated and received May 9 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. 9                                                        
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 52, relating to the                                             
          forfeiture of certain property used in certain crimes.                                    
                                                                                                    
                          Legislative Resolve No. 18                                               
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HB 75                                                                                             
Message dated May 9 was read, stating the Speaker replaced                                          
Representative Croft with Representative Kerttula on the Conference                                 
Committee with limited powers of free conference considering:                                       
                                                                                                    
          CS FOR SPONSOR SUBSTITUTE FOR HOUSE                                                       
          BILL NO. 75(FIN) am (brf sup maj fld)                                                     
                                                                                                    
and                                                                                                 
                                                                                                    
          SENATE CS FOR CS FOR SPONSOR                                                              
          SUBSTITUTE FOR HOUSE BILL NO. 75(FIN)(brf                                                 
          sup maj fld S) "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."                                              
                                                                                                    
HB 76                                                                                             
Message dated May 9 was read, stating the Speaker replaced                                          
Representative Croft with Representative Kerttula on the Conference                                 
Committee with limited powers of free conference considering:                                       
                                                                                                    
          CS FOR SPONSOR SUBSTITUTE FOR HOUSE                                                       
          BILL NO. 76(FIN)                                                                          

2003-05-10                     Senate Journal                      Page 1297
and                                                                                                 
                                                                                                    
          SENATE CS FOR CS FOR SPONSOR                                                              
          SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) am                                                  
          S "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."                                                                   
                                                                                                    
                                                                                                    
Messages dated May 9 were read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 165                                                                                            
CS FOR HOUSE BILL NO. 165(HES)(efd fld) BY THE HOUSE                                                
HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE,                                                    
entitled:                                                                                           
                                                                                                    
          "An Act relating to community schools."                                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 174                                                                                            
CS FOR HOUSE BILL NO. 174(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to the state centralized                                                 
          correspondence study program, to funding for                                              
          educational programs that occur primarily outside                                         
          school facilities, and to the duties of school boards of                                  
          borough and city school districts and regional                                            
          educational attendance areas; and providing for an                                        
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-10                     Senate Journal                      Page 1298
HB 205                                                                                            
HOUSE BILL NO. 205 BY REPRESENTATIVES MCGUIRE,                                                      
Kerttula, Gara, Gruenberg, Berkowitz, Heinze, Ogg, Wilson,                                          
Crawford, Kookesh, entitled:                                                                        
                                                                                                    
          "An Act relating to service in the peace corps as an                                      
          allowable absence from the state for purposes of                                          
          eligibility for permanent fund dividends and to the                                       
          period for filing an application for a permanent fund                                     
          dividend; authorizing the Department of Revenue to                                        
          issue administrative orders imposing sanctions for                                        
          certain misrepresentations or other actions                                               
          concerning eligibility for a permanent fund dividend                                      
          and providing for administrative appeal of those                                          
          orders; and providing for an effective date."                                             
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary and                            
Finance Committees.                                                                                 
                                                                                                    
HB 215                                                                                            
CS FOR HOUSE BILL NO. 215(STA) am BY THE HOUSE STATE                                                
AFFAIRS COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to art requirements for public                                           
          buildings and facilities; relating to identification,                                     
          monitoring, maintenance, and reporting of art in                                          
          public buildings and facilities; and relating to the art                                  
          in public places fund."                                                                   
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
HB 225                                                                                            
HOUSE BILL NO. 225 BY THE HOUSE RULES COMMITTEE BY                                                  
REQUEST OF THE GOVERNOR, entitled:                                                                  
                                                                                                    
          "An Act relating to certain civil actions brought by                                      
          the attorney general under monopoly and restraint of                                      
          trade statutes; relating to the award of damages in                                       
          actions brought under those statutes; and providing                                       
          for an effective date."                                                                   

2003-05-10                     Senate Journal                      Page 1299
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 226                                                                                            
HOUSE BILL NO. 226 BY REPRESENTATIVES STOLTZE, Gatto,                                               
Harris, Chenault, Kerttula, Seaton, Dahlstrom, Masek, Crawford,                                     
Wilson, Gara, Lynn, entitled:                                                                       
                                                                                                    
          "An Act relating to the sale, offer for sale,                                             
          representation, and labeling of food or other                                             
          agricultural products as organic, and to the state                                        
          organic certification program; and providing for an                                       
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 257                                                                                            
CS FOR HOUSE BILL NO. 257(JUD) am BY THE HOUSE                                                      
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to the disclosure requirements for                                       
          real estate licensees, to disciplinary action against                                     
          real estate licensees, to private actions and remedies                                    
          against real estate licensees, and to real estate                                         
          licensee agency, relationships, and duties; and                                           
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
The presence of Senator Ogan was noted.                                                             
                                                                                                    
HB 270                                                                                            
HOUSE BILL NO. 270 BY REPRESENTATIVES DAHLSTROM,                                                    
Lynn, entitled:                                                                                     
                                                                                                    
          "An Act relating to the licensure of pharmacists; and                                     
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Labor and Commerce Committees.                                                         

2003-05-10                     Senate Journal                      Page 1300
                          Standing Committee Reports                                             
                                                                                                    
SB 2                                                                                              
The Judiciary Committee considered SENATE BILL NO. 2 "An Act                                        
relating to recovery of civil damages from the parents or legal                                     
guardian of a minor; and providing for an effective date" and                                       
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SENATE BILL NO. 2(JUD)                                                             
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators French, Ogan.                                     
                                                                                                    
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.                                                       
                                                                                                    
SB 179                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 179 "An Act allowing teacher certification for                                      
certain persons based on a criminal history background check without                                
fingerprints" and recommended it be replaced with                                                   
                                                                                                    
          CS FOR SENATE BILL NO. 179(HES) "An Act                                                   
          relating to criminal history records and background                                       
          checks; allowing persons to teach in the public                                           
          schools for up to five months without a teaching                                          
          certificate if the person has applied for a certificate                                   
          and the application has not been acted upon by the                                        
          Department of Education and Early Development;                                            
          allowing teacher certification for certain persons                                        
          based on a criminal history background check                                              
          without fingerprints; and providing for an effective                                      
          date."                                                                                    
                                                                                                    
Signing do pass: Senator Dyson, Chair; Senator Wilken. Signing no                                   
recommendation: Senator Davis.                                                                      
                                                                                                    
                                                                                                    

2003-05-10                     Senate Journal                      Page 1301
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Education and Early                                         
  Development                                                                                       
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 209                                                                                            
Forthcoming fiscal information (page 1269) for the Labor and                                        
Commerce Committee Substitute for SENATE BILL NO. 209 "An                                           
Act relating to pilotage of certain foreign pleasure craft" published                               
today:                                                                                              
 Fiscal Note No. 1, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
SB 216                                                                                            
The Transportation Committee considered SENATE BILL NO. 216                                         
"An Act relating to international airports revenue bonds; and providing                             
for an effective date." Signing do pass: Senator Cowdery, Chair;                                    
Senator Wagoner. Signing no recommendation: Senator Therriault.                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 49                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
49(JUD) "An Act relating to the deoxyribonucleic acid (DNA)                                         
identification registration system and testing; and providing for an                                
effective date" and recommended the adoption of the Judiciary Senate                                
Committee Substitute offered on page 1270. Signing do pass: Senators                                
Green, Wilken, Cochairs; Senators Taylor, Bunde, Ben Stevens.                                       
Signing no recommendation: Senators Hoffman, Olson.                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Public Safety                                               
 Fiscal Note No. 2, zero, Department of Law                                                         
 Fiscal Note No. 3, indeterminate, Department of Administration                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       

2003-05-10                     Senate Journal                      Page 1302
HB 104                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
104(FSH) "An Act relating to payment of the fisheries business tax                                  
and to security for collection of the fisheries business tax." Signing do                           
pass: Senator Wagoner, Vice Chair; Senators Seekins, Ben Stevens,                                   
Dyson, Lincoln, Elton.                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 105                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
105(FIN) "An Act relating to loans to satisfy past due federal tax                                  
obligations of commercial fishermen and to the commercial fishing                                   
loan program." Signing no recommendation: Senators Green, Wilken,                                   
Cochairs; Senator Bunde. Signing do pass: Senators Taylor, Hoffman,                                 
Ben Stevens.                                                                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 109                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
109(FIN) "An Act relating to the limitation on payment of state                                     
treasury warrants and to the payment of a claim for which the                                       
appropriation has lapsed; and providing for an effective date." Signing                             
do pass: Senators Wilken, Green, Cochairs; Senators Taylor, Hoffman,                                
Olson, Ben Stevens, Bunde.                                                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    

2003-05-10                     Senate Journal                      Page 1303
HB 191                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
191(FIN) am "An Act relating to the Alaska coastal management                                       
program and to policies and procedures for consistency reviews and                                  
the rendering of consistency determinations under that program;                                     
eliminating the Alaska Coastal Policy Council; annulling certain                                    
regulations relating to the Alaska coastal management program; and                                  
providing for an effective date." Signing amend: Senator Ogan, Chair.                               
Signing do pass: Senators Seekins, Ben Stevens. Signing do not pass:                                
Senators Elton, Lincoln. Signing no recommendation: Senators                                        
Wagoner, Dyson.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
 Fiscal Note No. 2, zero, Department of Environmental                                               
  Conservation                                                                                      
 Fiscal Note No. 4, zero, Department of Natural Resources                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 209                                                                                            
The Community and Regional Affairs Committee considered CS FOR                                      
HOUSE BILL NO. 209(RLS) "An Act relating to municipal property                                      
tax adjustments for property affected by a disaster." Signing do pass:                              
Senator Wagoner, Chair; Senator Taylor. Signing no recommendation:                                  
Senators Gary Stevens, Lincoln, Elton.                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the State Affairs Committee.                                               
                                                                                                    
HB 224                                                                                            
The Judiciary Committee considered HOUSE BILL NO. 224 "An Act                                       
relating to a tobacco product manufacturer's compliance with certain                                
statutory requirements regarding cigarette sales; and providing for an                              
effective date." Signing do pass: Senator Ogan, Vice Chair; Senators                                
French, Therriault.                                                                                 
                                                                                                    
                                                                                                    

2003-05-10                     Senate Journal                      Page 1304
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Revenue                                                     
 Fiscal Note No. 3, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 20                                                                                            
SENATE JOINT RESOLUTION NO. 20 BY SENATORS ELTON,                                                   
Gary Stevens,                                                                                       
                                                                                                    
               Relating to the establishment of Reserve Officer                                    
               Training Corps programs in Alaska by the United                                     
          States Coast Guard.                                                                       
                                                                                                    
was read the first time and referred to the State Affairs and Health,                               
Education and Social Services Committees.                                                           
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 56                                                                                             
SENATE BILL NO. 56 "An Act relating to sport fishing license fees                                   
and anadromous king salmon tag fees for residents of Yukon, Canada"                                 
was read the second time.                                                                           
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 1245.                                  
Senator Ellis objected.                                                                             
                                                                                                    
The question being: "Shall the Finance Committee Substitute be                                      
adopted?" The roll was taken with the following result:                                             
                                                                                                    
                                                                                                    

2003-05-10                     Senate Journal                      Page 1305
SB 56                                                                                               
Second Reading                                                                                      
Adopt Finance Committee Substitute?                                                                 
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Olson, Seekins, Stevens                                  
B, Stevens G, Taylor, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, Guess, Hoffman, Lincoln                                                 
                                                                                                    
Excused:  French                                                                                    
                                                                                                    
and so CS FOR SENATE BILL NO. 56(FIN) "An Act relating to sport                                     
fishing license fees and anadromous king salmon tag fees for residents                              
of Yukon, Canada; and providing for an effective date" 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 CS FOR SENATE BILL NO. 56(FIN) will                                     
be on the May 11 calendar.                                                                          
                                                                                                    
SB 106                                                                                            
SENATE BILL NO. 106 "An Act relating to a fee on studded tires;                                     
and providing for an effective date" was read the second time.                                      
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 763.                                   
Senator Ellis objected, then withdrew his objection. There being no                                 
further objections, CS FOR SENATE BILL NO. 106(FIN) "An Act                                         
relating to tires; and providing for an effective date" 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 CS FOR SENATE BILL NO. 106(FIN)                                         
will be on the May 11 calendar.                                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-10                     Senate Journal                      Page 1306
                        Second Reading of House Bills                                            
                                                                                                    
HB 81                                                                                             
CS FOR HOUSE BILL NO. 81(STA) "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                                
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. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 81(STA) will                                      
be on the May 11 calendar.                                                                          
                                                                                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 192                                                                                            
CS FOR SENATE BILL NO. 192(L&C) was read the third time.                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Labor and Workforce                                               
  Development                                                                                       
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 192(L&C)                                          
"An Act relating to teachers and training programs in the Department                                
of Labor and Workforce Development, to the placement in the exempt                                  
service of certified teachers employed by the Department of Labor and                               
Workforce Development, to their eligibility to participate in the                                   
Teachers' Retirement System of Alaska, and to the functions of the                                  
Alaska Workforce Investment Board regarding the Kotzebue                                            
Technical Center and the Alaska Vocational Technical Center; relating                               
to local workforce investment areas and boards; repealing the business                              
incentive training program; and providing for an effective date" pass                               
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-10                     Senate Journal                      Page 1307
CSSB 192(L&C)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess,                                    
Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G,                                       
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Excused:  French                                                                                    
                                                                                                    
and so, CS FOR SENATE BILL NO. 192(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.                                                          
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Juneau-Douglas High School Ocean Sciences Bowl                                           
Participants                                                                                        
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary Stevens,                                 
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
Honoring - Alaska Vocational Technical School                                                       
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Ellis, Elton, Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens,                                 
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
In Memoriam - Virginia Hawkins Darling                                                              
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Taylor,                                
Wagoner, Wilken                                                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-10                     Senate Journal                      Page 1308
In Memoriam - Stella Martin                                                                         
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary Stevens,                                        
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
In Memoriam - Debra Lynne Marbach                                                                   
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary Stevens,                                        
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
In Memoriam - Major General James Edward Landrum, Jr.                                               
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary Stevens,                                 
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 205                                                                                            
Senators Elton, Dyson, Davis, moved and asked unanimous consent to                                  
be shown as cross sponsors on HOUSE BILL NO. 205 "An Act                                            
relating to service in the peace corps as an allowable absence from the                             
state for purposes of eligibility for permanent fund dividends and to                               
the period for filing an application for a permanent fund dividend;                                 
authorizing the Department of Revenue to issue administrative orders                                
imposing sanctions for certain misrepresentations or other actions                                  
concerning eligibility for a permanent fund dividend and providing for                              
administrative appeal of those orders; and providing for an effective                               
date."                                                                                              
                                                                                                    
HB 170                                                                                            
The reconsideration on HOUSE BILL NO. 170(efd fld S) "An Act                                        
increasing certain motor vehicle registration fees" was not taken up                                
this legislative day and the bill was referred to the Secretary for                                 
engrossment.                                                                                        

2003-05-10                     Senate Journal                      Page 1309
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 93                                                                                             
Senator Ogan requested that the reconsideration on CS FOR SENATE                                    
BILL NO. 93(JUD) am be taken up. The bill was before the Senate on                                  
reconsideration.                                                                                    
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
93(JUD) am "An Act relating to limitations on actions to quiet title to,                            
eject a person from, or recover real property or the possession of it;                              
relating to adverse possession; and providing for an effective date"                                
pass the Senate? The roll was taken with the following result:                                      
                                                                                                    
CSSB 93(JUD) am                                                                                     
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  15   NAYS:  3   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Ellis, Elton, Guess, Hoffman, Lincoln,                                
Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                   
                                                                                                    
Nays:  Dyson, Ogan, Taylor                                                                          
                                                                                                    
Excused:  French                                                                                    
                                                                                                    
Absent:  Green                                                                                      
                                                                                                    
and so, CS FOR SENATE BILL NO. 93(JUD) am passed the Senate                                         
on reconsideration.                                                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
SB 168                                                                                            
Senator Olson requested that the reconsideration on CS FOR SENATE                                   
BILL NO. 168(FIN) am be taken up. The bill was before the Senate on                                 
reconsideration.                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-10                     Senate Journal                      Page 1310
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
168(FIN) am "An Act relating to issuance and revocation of licenses                                 
for the importation, sale, distribution, or manufacture of cigarettes and                           
tobacco products; relating to a tax refund or credit for unsaleable,                                
returned, or destroyed tobacco products; relating to restrictions on and                            
penalties for shipping or transporting cigarettes; relating to records                              
concerning the sale of cigarettes; amending and adding definitions                                  
relating to cigarette taxes; relating to the payment of cigarette taxes;                            
relating to penalties applicable to cigarette taxes; relating to the                                
definition of the wholesale price of tobacco products; relating to                                  
payment of cigarette taxes through the use of cigarette tax stamps;                                 
relating to provisions making certain cigarettes contraband and subject                             
to seizure and forfeiture; relating to certain crimes, penalties, and                               
interest concerning tobacco taxes and stamps; relating to cigarette                                 
sales; and providing for an effective date" pass the Senate?" The roll                              
was taken with the following result:                                                                
                                                                                                    
CSSB 168(FIN) am                                                                                    
Third Reading - On Reconsideration                                                                  
Effective Dates                                                                                     
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess,                                    
Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G,                                       
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Excused:  French                                                                                    
                                                                                                    
and so, CS FOR SENATE BILL NO. 168(FIN) am passed the Senate                                        
on reconsideration.                                                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    

2003-05-10                     Senate Journal                      Page 1311
                                 Engrossment                                                     
                                                                                                    
SB 93                                                                                             
CS FOR SENATE BILL NO. 93(JUD) am "An Act relating to                                               
limitations on actions to quiet title to, eject a person from, or recover                           
real property or the possession of it; relating to adverse possession;                              
and providing for an effective date" was engrossed, signed by the                                   
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
SB 168                                                                                            
CS FOR SENATE BILL NO. 168(FIN) am "An Act relating to                                              
issuance and revocation of licenses for the importation, sale,                                      
distribution, or manufacture of cigarettes and tobacco products;                                    
relating to a tax refund or credit for unsaleable, returned, or destroyed                           
tobacco products; relating to restrictions on and penalties for shipping                            
or transporting cigarettes; relating to records concerning the sale of                              
cigarettes; amending and adding definitions relating to cigarette taxes;                            
relating to the payment of cigarette taxes; relating to penalties                                   
applicable to cigarette taxes; relating to the definition of the wholesale                          
price of tobacco products; relating to payment of cigarette taxes                                   
through the use of cigarette tax stamps; relating to provisions making                              
certain cigarettes contraband and subject to seizure and forfeiture;                                
relating to certain crimes, penalties, and interest concerning tobacco                              
taxes and stamps; relating to cigarette sales; and providing for an                                 
effective date" was engrossed, signed by the President and Secretary                                
and transmitted to the House for consideration.                                                     
                                                                                                    
SB 192                                                                                            
CS FOR SENATE BILL NO. 192(L&C) "An Act relating to teachers                                        
and training programs in the Department of Labor and Workforce                                      
Development, to the placement in the exempt service of certified                                    
teachers employed by the Department of Labor and Workforce                                          
Development, to their eligibility to participate in the Teachers'                                   
Retirement System of Alaska, and to the functions of the Alaska                                     
Workforce Investment Board regarding the Kotzebue Technical                                         
Center and the Alaska Vocational Technical Center; relating to local                                
workforce investment areas and boards; repealing the business                                       
incentive training program; and providing for an effective date" was                                
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        

2003-05-10                     Senate Journal                      Page 1312
HB 170                                                                                            
HOUSE BILL 170(efd fld S) "An Act increasing certain motor vehicle                                  
registration fees" was engrossed, signed by the President and Secretary                             
and returned to the House.                                                                          
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 9:00 a.m., May 11, 2003. Without                                  
objection, the Senate adjourned at 12:28 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    June 2003                       

2003-05-10                     Senate Journal                      Page 1313
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 10        Saturday                  Senate Finance 532            9:00 AM                     
+ HB 105 COMMERCIAL FISHING LOANS                                                                   
+ HB 109 TREASURY WARRANTS/LAPSED APPROPRIATIONS                                                    
+ SB 185 ROYALTY REDUCTION ON CERTAIN OIL                                                           
+ SB 213 KNIK ARM BRIDGE AND TOLL AUTHORITY                                                         
+ SCR 10 CHARTER SCHOOL TASK FORCE                                                                  
+ HB  49 EXPAND DNA DATABASE                                                                        
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 12        Monday                          Butrovich 205           1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 14        Wednesday                       Butrovich 205           1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 16        Friday                          Butrovich 205           1:30 PM                     
+ HB  25 HEALTH CARE SERVICES DIRECTIVES                                                            
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-10                     Senate Journal                      Page 1314
                                  JUDICIARY                                                      
                                                                                                    
May 12        Monday                                Beltz 211         1:00 PM                     
+ HB 102 CONCEALED DEADLY WEAPONS LEGAL                                                             
+ SB 198 DAMAGES RECOVERED BY POLICE/FIREFIGHTER                                                    
+= SB  13 INSURANCE DISCRIMINATION BY CREDIT RATING                                                 
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
May 13        Tuesday                               Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
= HB 135 MARITAL & FAMILY THERAPISTS                                                                
              Confirmation Hearings:                                                                
              Alaska Labor Relations - Colleen Scanlon                                              
              Board of Barbers and Hairdressers -                                                   
              Charlene Lushin, Joylene A. Marrs                                                     
              Board of Chiropractic Examiners -                                                     
              Dr. David Mulholland                                                                  
              Real Estate Commission -                                                              
              Brad J. Fluetsch, Barbara Parker-Ramsey,                                              
              David B. Somers, Z. Kent Sullivan, Esq.                                               
              Board of Veterinary Examiners -                                                       
              Steven Torrence                                                                       
              Workers Compensation Board -                                                          
              John Abshire, Richard Behrends,                                                       
              Andrew Piekarski, Marc Stemp                                                          
+ SB 218 STATE PROCUREMENT PILOT PROGRAM                                                            
+ SB 194 LIQUOR DELIVERED TO HOTELS/CRUISE SHIPS                                                    
+ HB  83 REVISED UNIFORM ARBITRATION ACT                                                            
+ HB 234 BREWPUBS; ABC BOARD                                                                        
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
May 13        Tuesday                               Beltz 211         3:30 PM                     
+= SB 211 REGULATIONS: NOTICE AND DISTRIBUTION                                                      
+ SB 215 SEAFOOD AND FOOD SAFETY LABORATORY                                                         
+ SJR 15 PATRIOT ACT AND DEFENDING CIVIL LIBERTIES                                                  
+ SJR 19 CONST. AM: PERMANENT FUND INCOME                                                           
              Bills Previously Heard/Scheduled                                                      
                                                                                                    

2003-05-10                     Senate Journal                      Page 1315
                          STATE AFFAIRS (continued)                                              
                                                                                                    
May 15        Thursday                              Beltz 211         3:30 PM                     
+ HB 209 MUNI.TAX:  PROPERTY AFFECTED BY DISASTER                                                   
+ HB  10 GROUP HEALTH INSURANCE FOR PRIVATE GROUPS                                                  
+ HB  24 AGREEMENTS ON MANAGEMENT OF FISH AND GAME                                                  
+ SCR 13 CANNED SALMON FOR PRISONERS                                                                
+ SB 201 HOME & RESPITE CARE: CRIMINAL RECORDS                                                      
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
May 10        Saturday                        Butrovich 205           9:00 AM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 13        Tuesday                         Butrovich 205           1:30 PM                     
     HB 280 COMMERCIAL MOTOR VEHICLES:REGULATIONS                                                   
+ HB 250 STATE CONTRACTS                                                                            
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                    CONFERENCE COMMITTEE ON HB 75 & HB 76                                        
                                                                                                    
May 10        Saturday                  Senate Finance 532           12:00 PM                     
              -- Meeting Postponed to Call of Chair --                                              
= HB  75 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB  76 APPROP:MENTAL HEALTH BUDGET                                                                
              Dept of Corrections                                                                   
              Dept of Labor/Workforce Development                                                   
              Dept of Revenue                                                                       
              Dept of Transportation/Public Facilities                                              
              The following may be taken up:                                                        
              Dept of Health and Social Services                                                    
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                               MAJORITY CAUCUS                                                   
                                                                                                    
May 10        Saturday                           Capitol 107         12:30 PM