Legislature(2003 - 2004)
2003-05-18 Senate Journal
Full Journal pdf2003-05-18 Senate Journal Page 1517 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Sunday May 18, 2003 One Hundred Eighteenth Day Pursuant to adjournment the Senate was called to order by President Therriault at 2:45 p.m. The roll showed seventeen members present. Senators Cowdery, Davis, Ogan were absent. Senator Ben Stevens moved and asked unanimous consent that Senator Davis be excused from a call of the Senate for medical reasons on May 18. Without objection, Senator Davis was excused. The prayer was offered by the Chaplain, Senator Bunde. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. "Go out into the world in peace - have courage; hold on to what is good, return no one evil for evil; strengthen the faint-hearted, support the weak, help the suffering - honor all persons love and serve the Lord rejoicing in the power of the Holy Spirit." Senator Hoffman led the Senate in the Pledge of Allegiance. Certification Senator Ben Stevens moved and asked unanimous consent that the journal for the one hundred seventeenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2003-05-18 Senate Journal Page 1518 The presence of Senator Cowdery was noted. Recess Senator Ben Stevens moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 2:49 p.m. Joint Session in the House In accordance with Uniform Rule 51, Speaker Kott turned the gavel over to President Therriault who called the Joint Session to order at 3:27 p.m. The purpose of the Joint Session was to consider confirmation of the Governor's appointments. A roll call of the Senate showed nineteen members present. A roll call of the House showed thirty-seven members present. 2003 CONFIRMATION OF GOVERNOR'S APPOINTMENTS The commissioner appointment is as follows: Commissioner - Department of Fish and Game Kevin Duffy Appointed: 03/19/2003 The boards and commissions appointments are as follows: Alaska State Board of Public Accountancy Dan F. Kennedy - Wasilla Appointed: 04/25/2003 Term Expires: 03/01/2007 Laura Welles - Kenai Appointed: 04/25/2003 Term Expires: 03/01/2007 2003-05-18 Senate Journal Page 1519 Alcoholic Beverage Control Board Michael W. Gordon - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2005 State Board of Registration for Architects, Engineers, and Land Surveyors Robert E. Gilfilian - Anchorage Appointed: 03/01/2003 Term Expires: 03/01/2006 Kimberly Mills - Homer Appointed: 02/12/2003 Term Expires: 03/01/2006 Board of Governors of the Alaska Bar William Granger - Anchorage Appointed: 06/29/2001 Reappointed: 04/25/2003 Term Expires: 03/01/2006 Board of Barbers and Hairdressers Charlette Lushin - Fairbanks Appointed: 04/25/2003 Term Expires: 03/01/2006 Joylene A. Marrs - Anchorage Appointed: 04/25/2003 Term Expires: 03/01/2004 Diana L. Straub - Wasilla Appointed: 02/19/2003 Term Expires: 03/01/2006 Board of Chiropractic Examiners Dr. David Mulholland - Anchorage Appointed: 04/25/2003 Term Expires: 03/01/2006 Sean C. Siegel - Anchorage Appointed: 11/16/1998 Reappointed: 08/12/2002 Term Expires: 03/01/2006 Board of Dental Examiners Dr. David L. Eichler - North Pole Appointed: 03/01/2003 Term Expires: 03/01/2007 Dr. Kevin L. Gottlieb - Anchorage Appointed: 03/25/2003 Term Expires: 03/01/2006 Dr. Robert E. Warren - Anchorage Appointed: 03/01/2003 Term Expires: 03/01/2007 2003-05-18 Senate Journal Page 1520 Board of Dispensing Opticians Roberta Rawcliffe - Wasilla Appointed: 02/19/1999 Reappointed: 07/18/2002 Term Expires: 03/01/2006 Board of Education and Early Development Esther Cox - Anchorage Appointed: 02/13/2003 Term Expires: 03/01/2005 Patsy DeWitt - Juneau Appointed: 02/13/2003 Term Expires: 03/01/2007 Shirley Holloway - Anchorage Appointed: 03/03/2003 Term Expires: 03/01/2005 Richard I. Mauer - Delta Junction Appointed: 02/20/2003 Term Expires: 03/01/2008 Sylvia Reynolds - Soldotna Appointed: 02/20/2003 Term Expires: 03/01/2004 Rex A. Rock - Point Hope Appointed: 02/20/2003 Term Expires: 03/01/2004 Tim R. Scott - Anchorage Appointed: 02/20/2003 Reappointed: 03/01/2003 Term Expires: 03/01/2008 Board of Fisheries Rupert Andrews - Juneau Appointed: 01/20/2003 Term Expires: 06/30/2005 Dr. Floyd F. Bouse - Fairbanks Appointed: 07/01/2003 Term Expires: 06/30/2006 Robert (Ed) Dersham - Anchor Point Appointed: 03/03/1997 Reappointed: 03/20/2000 Reappointed: 07/01/2003 Term Expires: 06/30/2006 John E. Jensen - Petersburg Appointed: 01/20/2003 Term Expires: 06/30/2005 Melvan Morris - Kodiak Appointed: 01/20/2003 Term Expires: 06/30/2005 Art Nelson - Anchorage Appointed 01/21/2003 Term Expires: 06/30/2004 2003-05-18 Senate Journal Page 1521 Board of Game Pete Buist - Fairbanks Appointed: 01/21/2003 Term Expires: 03/01/2005 Michael R. Fleagle - McGrath Appointed: 01/21/2003 Term Expires 03/01/2004 Cliff Judkins - Wasilla Appointed: 01/21/2003 Reappointed: 03/01/2003 Term Expires: 03/01/2006 Sharon McLeod-Everette - Fairbanks Appointed: 03/01/2003 Term Expires: 03/01/2006 Ron Somerville - Juneau Appointed: 01/21/2003 Term Expires: 03/01/2005 Ted Spraker - Soldotna Appointed: 01/21/2003 Term Expires: 03/01/2005 State Commission for Human Rights Lester Lunceford - Whittier Appointed: 02/19/2003 Term Expires: 03/01/2005 Grace Merkes - Sterling Appointed: 02/19/2003 Reappointed: 03/01/2003 Term Expires: 03/01/2008 Robert B. Sawyer Jr. - Fairbanks Appointed: 02/19/2003 Term Expires: 03/01/2008 Commission on Judicial Conduct Richard Burton - Ketchikan Appointed: 03/25/2003 Term Expires: 03/01/2007 Judicial Council Bill Gordon - Fairbanks Appointed: 05/18/2003 Term Expires: 03/01/2009 Alaska Labor Relations Agency Colleen Scanlon - Ketchikan Appointed: 04/28/2003 Term Expires: 03/01/2005 Board of Marine Pilots Captain David A. Anderson - Ketchikan Appointed: 07/18/2002 Term Expires: 03/01/2005 Robert J. Arts - Anchorage 2003-05-18 Senate Journal Page 1522 Appointed: 10/31/2002 Term Expires: 03/01/2004 Les Cronk - Ketchikan Appointed: 10/31/2002 Term Expires: 03/01/2006 State Medical Board Dr. Rob Breffeilh - Juneau Appointed: 04/25/2003 Term Expires: 03/01/2004 Dr. G. Bert Flaming - Glennallen Appointed: 02/12/2003 Term Expires: 03/01/2004 Debra I. Joslin - Delta Junction Appointed: 02/12/2003 Term Expires: 03/01/2005 Dr. John Troxel - Anchorage Appointed: 02/12/2003 Term Expires: 03/01/2006 Alaska Mental Health Trust Authority Board of Trustees John F. Malone - Bethel Appointed: 03/03/1995 Reappointed: 07/18/2002 Term Expires: 03/01/2007 Nelson Page - Anchorage Appointed: 03/03/1995 Reappointed: 06/02/1998 Reappointed: 03/25/2003 Term Expires:03/01/2008 Board of Certified Direct-Entry Midwives Mila Cosgrove - Juneau Appointed: 11/20/2002 Term Expires: 03/01/2006 Board of Nursing Rosalie A. Acoba - Kodiak Appointed: 03/25/2003 Term Expires: 03/01/2007 Catherine A. Giessel - Anchorage Appointed: 03/25/2003 Term Expires: 03/01/2006 James E. Jurrens - Juneau Appointed: 03/25/2003 Term Expires: 03/01/2004 Sally Harvey - Noorvik Appointed: 03/25/2003 Term Expires: 03/01/2006 Mary Weymiller - Fairbanks Appointed: 08/23/1999 Reappointed: 04/25/2003 Term Expires: 03/01/2007 Cathleen Ringstad Winfree - Fairbanks Appointed: 03/25/2003 Term Expires: 03/01/2007 2003-05-18 Senate Journal Page 1523 Board of Examiners in Optometry Thomas N. Carter - Fairbanks Appointed: 12/11/1998 Reappointed: 07/18/2002 Term Expires: 03/01/2006 Dr. John C. Cobbett - North Pole Appointed: 09/11/1998 Reappointed: 07/18/2002 Term Expires: 03/01/2006 Board of Pharmacy William Altland - Craig Appointed: 04/25/2003 Term Expires: 03/01/2007 Michael Pauley - Eagle River Appointed: 03/25/2003 Term Expires: 03/01/2004 State Physical Therapy and Occupational Therapy Board Mary Ann Paul - Eagle River Appointed: 11/22/2002 Term Expires: 03/01/2006 Board of Professional Counselors Stephanie I. Friese - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2006 Anne L. Henry - Juneau Appointed: 11/16/1998 Reappointed: 08/28/2002 Term Expires: 03/01/2006 Professional Teaching Practices Commission Craig Baker - Kodiak Appointed: 02/19/2003 Term Expires: 03/01/2005 Cynthia Curran - Juneau Appointed: 03/27/2001 Reappointed: 04/29/2003 Term Expires: 03/01/2006 Vivian L. Dailey - Fairbanks Appointed: 02/19/2003 Term Expires: 03/01/2005 Mark Doner - Palmer Appointed: 03/25/2003 Term Expires: 03/01/2006 Kimberly Jockusch - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2004 2003-05-18 Senate Journal Page 1524 Thomas Lamal - Fairbanks Appointed: 03/25/2003 Term Expires: 03/01/2006 Lawrence Lee Oldaker - Auke Bay Appointed: 01/28/2000 Reappointed: 11/26/2002 Term Expires: 03/01/2005 Board of Psychologist and Psychological Associate Examiners Dr. Lorin Bradbury - Bethel Appointed: 04/25/2003 Term Expires: 03/01/2005 Dr. John Miller - Chugiak Appointed: 04/25/2003 Term Expires: 03/01/2005 Alaska Public Offices Commission (APOC) Larry D. Wood - Anchorage Appointed: 08/20/2002 Reappointed: 03/01/2003 Term Expires: 03/01/2008 Board of Certified Real Estate Appraisers Steve MacSwain - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2006 Real Estate Commission Brad J. Fluetsch - Juneau Appointed: 04/25/2003 Term Expires: 03/01/2007 Barbara Parker-Ramsey - Anchorage Appointed: 04/25/2003 Term Expires: 03/01/2007 David B. Somers - Fairbanks Appointed: 04/25/2003 Term Expires: 03/01/2007 Z. Kent Sullivan, Esq. - Juneau Appointed: 04/25/2003 Term Expires: 03/01/2004 University of Alaska Board of Regents David J. Parks - Anchorage Appointed: 06/01/2003 Term Expires: 06/01/2005 Regulatory Commission of Alaska (RCA) Kate Giard - Anchorage Appointed: 06/01/2003 Term Expires: 03/01/2007 2003-05-18 Senate Journal Page 1525 Board of Veterinary Examiners Dr. Timothy L. Bowser - Soldotna Appointed: 02/19/2003 Term Expires: 03/01/2004 Dr. James L. Morris - Wasilla Appointed: 01/02/1997 Reappointed: 11/26/2002 Term Expires: 03/01/2004 Steven Torrence - Fairbanks Appointed: 04/25/2003 Term Expires: 03/01/2006 Violent Crimes Compensation Board LeRoy Barker - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2005 Gerad G. Godfrey - Valdez Appointed: 02/19/2003 Term Expires: 03/01/2004 Alaska Workers' Compensation Board John Abshire - Wasilla Appointed: 07/23/1997 Reappointed: 8/28/2000 Reappointed: 03/25/2003 Term Expires: 03/01/2006 Richard Behrens - Juneau Appointed: 11/21/2000 Reappointed: 03/25/2003 Term Expires: 03/01/2006 Sally Ann Carey - Anchorage Appointed: 10/31/2002 Term Expires: 03/01/2005 Curtis Hall - Anchorage Appointed: 03/01/2003 Term Expires: 03/01/2005 Andrew Piekarski - Eagle River Appointed: 03/07/1999 Reappointed: 8/28/2000 Reappointed: 03/25/2003 Term Expires: 03/01/2006 Royce R. Rock - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2005 Marc Stemp - Bethel Appointed: 03/25/2003 Term Expires: 03/01/2006 Dale R. Walaszek - Kasilof Appointed: 03/01/2003 Term Expires: 03/01/2006 Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: 2003-05-18 Senate Journal Page 1526 Commissioner - Department of Fish and Game Kevin Duffy Appointed: 03/19/2003 Objections were heard. The question being: "Shall Kevin Duffy be confirmed as Commissioner of the Department of Fish and Game?" The roll of the Senate was called with the following result: Commissioner - Dept. of Fish & Game Confirm - Duffy SENATE YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: French, Green, Guess, Hoffman, Olson, Seekins, Stevens B, Stevens G, Taylor, Wagoner, Wilken, Bunde, Cowdery, Dyson, Ellis, Elton, Therriault Nays: Lincoln, Ogan Excused: Davis Seekins changed from "Nay" to "Yea". The roll of the House was taken with the following result: Commissioner - Dept. of Fish & Game Confirm - Duffy HOUSE YEAS: 29 NAYS: 8 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Fate, Foster, Gara, Gruenberg, Guttenberg, Hawker, Heinze, Kapsner, Kerttula, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf Nays: Dahlstrom, Gatto, Harris, Holm, Kohring, Masek, Stoltze, Whitaker Excused: Croft, Joule Absent: Moses TOTAL: YEAS: 46 NAYS: 10 EXCUSED: 3 ABSENT: 1 2003-05-18 Senate Journal Page 1527 And so, Kevin Duffy was confirmed as Commissioner of the Department of Fish and Game. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Alaska State Board of Public Accountancy Dan F. Kennedy - Wasilla Appointed: 04/25/2003 Term Expires: 03/01/2007 Laura Welles - Kenai Appointed: 04/25/2003 Term Expires: 03/01/2007 Alcoholic Beverage Control Board Michael W. Gordon - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2005 State Board of Registration for Architects, Engineers, and Land Surveyors Robert E. Gilfilian - Anchorage Appointed: 03/01/2003 Term Expires: 03/01/2006 Kimberly Mills - Homer Appointed: 02/12/2003 Term Expires: 03/01/2006 Board of Governors of the Alaska Bar William Granger - Anchorage Appointed: 06/29/2001 Reappointed: 04/25/2003 Term Expires: 03/01/2006 Board of Barbers and Hairdressers Charlette Lushin - Fairbanks Appointed: 04/25/2003 Term Expires: 03/01/2006 Joylene A. Marrs - Anchorage Appointed: 04/25/2003 Term Expires: 03/01/2004 Diana L. Straub - Wasilla Appointed: 02/19/2003 Term Expires: 03/01/2006 Senator Bunde declared a conflict of interest related to the Board of Barbers and Hairdressers. 2003-05-18 Senate Journal Page 1528 Board of Chiropractic Examiners Dr. David Mulholland - Anchorage Appointed: 04/25/2003 Term Expires: 03/01/2006 Sean C. Siegel - Anchorage Appointed: 11/16/1998 Reappointed: 08/12/2002 Term Expires: 03/01/2006 There being no objections, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Board of Dental Examiners Dr. David L. Eichler - North Pole Appointed: 03/01/2003 Term Expires: 03/01/2007 Dr. Kevin L. Gottlieb - Anchorage Appointed: 03/25/2003 Term Expires: 03/01/2006 Dr. Robert E. Warren - Anchorage Appointed: 03/01/2003 Term Expires: 03/01/2007 Board of Dispensing Opticians Roberta Rawcliffe - Wasilla Appointed: 02/19/1999 Reappointed: 07/18/2002 Term Expires: 03/01/2006 Board of Education and Early Development Esther Cox - Anchorage Appointed: 02/13/2003 Term Expires: 03/01/2005 Patsy DeWitt - Juneau Appointed: 02/13/2003 Term Expires: 03/01/2007 Shirley Holloway - Anchorage Appointed: 03/03/2003 Term Expires: 03/01/2005 Richard I. Mauer - Delta Junction Appointed: 02/20/2003 Term Expires: 03/01/2008 Sylvia Reynolds - Soldotna Appointed: 02/20/2003 Term Expires: 03/01/2004 2003-05-18 Senate Journal Page 1529 Rex A. Rock - Point Hope Appointed: 02/20/2003 Term Expires: 03/01/2004 Tim R. Scott - Anchorage Appointed: 02/20/2003 Reappointed: 03/01/2003 Term Expires: 03/01/2008 Board of Fisheries Rupert Andrews - Juneau Appointed: 01/20/2003 Term Expires: 06/30/2005 Dr. Floyd F. Bouse - Fairbanks Appointed: 07/01/2003 Term Expires: 06/30/2006 Robert (Ed) Dersham - Anchor Point Appointed: 03/03/1997 Reappointed: 03/20/2000 Reappointed: 07/01/2003 Term Expires: 06/30/2006 John E. Jensen - Petersburg Appointed: 01/20/2003 Term Expires: 06/30/2005 Melvan Morris - Kodiak Appointed: 01/20/2003 Term Expires: 06/30/2005 Art Nelson - Anchorage Appointed 01/21/2003 Term Expires: 06/30/2004 Objections were heard to the confirmation of Dr. Floyd F. Bouse, Robert (Ed) Dersham, and Melvan Morris to the Board of Fisheries. Senator Ben Stevens restated his motion to confirm the appointments with the exception of Dr. Bouse, Mr. Dersham, and Mr. Morris and asked unanimous consent. There being no objection, it was so ordered. Senator Ben Stevens moved that Dr. Floyd F. Bouse be confirmed to the Board of Fisheries. The question being: "Shall Dr. Floyd F. Bouse be confirmed to the Board of Fisheries?" The roll of the House was taken with the following result: 2003-05-18 Senate Journal Page 1530 Board of Fisheries Confirm - Bouse HOUSE YEAS: 31 NAYS: 6 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Gara, Guttenberg, Kapsner, Kookesh, Morgan Excused: Croft, Joule Absent: Moses The roll of the Senate was called with the following result: Board of Fisheries Confirm - Bouse SENATE YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Green, Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Wagoner, Wilken, Bunde, Cowdery, Dyson, Therriault Nays: Guess, Lincoln, Ellis, Elton, French Excused: Davis TOTAL: YEAS: 45 NAYS: 11 EXCUSED: 3 ABSENT: 1 And so, Dr. Floyd F. Bouse was confirmed to the Board of Fisheries. Senator Ben Stevens moved that Robert (Ed) Dersham be confirmed to the Board of Fisheries. The question being: "Shall Robert (Ed) Dersham be confirmed to the Board of Fisheries?" The roll of the Senate was called with the following result: 2003-05-18 Senate Journal Page 1531 Board of Fisheries Confirm - Dersham SENATE YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Wagoner, Wilken, Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Therriault Excused: Davis The roll of the House was taken with the following result: Board of Fisheries Confirm - Dersham HOUSE YEAS: 36 NAYS: 1 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson Nays: Wolf Excused: Croft, Joule Absent: Moses TOTAL: YEAS: 55 NAYS: 1 EXCUSED: 3 ABSENT: 1 And so, Robert (Ed) Dersham was confirmed to the Board of Fisheries. Senator Ben Stevens moved that Melvan Morris be confirmed to the Board of Fisheries. The question being: "Shall Melvan Morris be confirmed to the Board of Fisheries?" The roll of the House was taken with the following result: 2003-05-18 Senate Journal Page 1532 Board of Fisheries Confirm - Morris HOUSE YEAS: 29 NAYS: 8 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Crawford, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Kapsner, Kerttula, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wolf Nays: Coghill, Dahlstrom, Gatto, Holm, Kohring, Masek, Stoltze, Wilson Excused: Croft, Joule Absent: Moses Wilson changed from "Yea" to "Nay". The roll of the Senate was called with the following result: Board of Fisheries Confirm - Morris SENATE YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Hoffman, Lincoln, Olson, Stevens B, Stevens G, Taylor, Wagoner, Wilken, Bunde, Cowdery, Dyson, Elton, French, Green, Guess, Therriault Nays: Ogan, Seekins, Ellis Excused: Davis TOTAL: YEAS: 45 NAYS: 11 EXCUSED: 3 ABSENT: 1 And so, Melvan Morris was confirmed to the Board of Fisheries. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: 2003-05-18 Senate Journal Page 1533 Board of Game Pete Buist - Fairbanks Appointed: 01/21/2003 Term Expires: 03/01/2005 Michael R. Fleagle - McGrath Appointed: 01/21/2003 Term Expires 03/01/2004 Cliff Judkins - Wasilla Appointed: 01/21/2003 Reappointed: 03/01/2003 Term Expires: 03/01/2006 Sharon McLeod-Everette - Fairbanks Appointed: 03/01/2003 Term Expires: 03/01/2006 Ron Somerville - Juneau Appointed: 01/21/2003 Term Expires: 03/01/2005 Ted Spraker - Soldotna Appointed: 01/21/2003 Term Expires: 03/01/2005 State Commission for Human Rights Lester Lunceford - Whittier Appointed: 02/19/2003 Term Expires: 03/01/2005 Grace Merkes - Sterling Appointed: 02/19/2003 Reappointed: 03/01/2003 Term Expires: 03/01/2008 Robert B. Sawyer Jr. - Fairbanks Appointed: 02/19/2003 Term Expires: 03/01/2008 Commission on Judicial Conduct Richard Burton - Ketchikan Appointed: 03/25/2003 Term Expires: 03/01/2007 Judicial Council Bill Gordon - Fairbanks Appointed: 05/18/2003 Term Expires: 03/01/2009 Alaska Labor Relations Agency Colleen Scanlon - Ketchikan Appointed: 04/28/2003 Term Expires: 03/01/2005 Board of Marine Pilots Captain David A. Anderson - Ketchikan Appointed: 07/18/2002 Term Expires: 03/01/2005 2003-05-18 Senate Journal Page 1534 Robert J. Arts - Anchorage Appointed: 10/31/2002 Term Expires: 03/01/2004 Les Cronk - Ketchikan Appointed: 10/31/2002 Term Expires: 03/01/2006 Representative Weyhrauch declared a conflict of interest related to the Board Marine Pilots. Objections were heard to the confirmation of Pete Buist and Ron Somerville to the Board of Game. Senator Ben Stevens restated his motion to confirm the appointments with the exception of Mr. Buist and Mr. Somerville. There being no objection, it was so ordered. Senator Ben Stevens moved that Pete Buist be confirmed to the Board of Game. The question being: "Shall Pete Buist be confirmed to the Board of Game?" The roll of the House was taken with the following result: Board of Game Confirm - Buist HOUSE YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule Absent: Moses The roll of the Senate was called with the following result: 2003-05-18 Senate Journal Page 1535 Board of Game Confirm - Buist SENATE YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Wagoner, Wilken, Bunde, Cowdery, Dyson, French, Green, Hoffman, Therriault Nays: Lincoln, Ellis, Elton, Guess Excused: Davis TOTAL: YEAS: 52 NAYS: 4 EXCUSED: 3 ABSENT: 1 and so, Pete Buist was confirmed to the Board of Game. Senator Ben Stevens moved that Ron Somerville be confirmed to the Board of Game. The question being: "Shall Ron Somerville be confirmed to the Board of Game?" The roll of the Senate was called with the following result: Board of Game Confirm - Somerville SENATE YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Ogan, Seekins, Stevens B, Stevens G, Taylor, Wagoner, Wilken, Bunde, Cowdery, Dyson, Green, Therriault Nays: Olson, Ellis, Elton, French, Guess, Hoffman, Lincoln Excused: Davis The roll of the House was taken with the following result: 2003-05-18 Senate Journal Page 1536 Board of Game Confirm - Somerville HOUSE YEAS: 25 NAYS: 12 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Foster, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Morgan, Williams Excused: Croft, Joule Absent: Moses TOTAL: YEAS: 37 NAYS: 19 EXCUSED: 3 ABSENT: 1 and so, Ron Somerville was confirmed to the Board of Game. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: State Medical Board Dr. Rob Breffeilh - Juneau Appointed: 04/25/2003 Term Expires: 03/01/2004 Dr. G. Bert Flaming - Glennallen Appointed: 02/12/2003 Term Expires: 03/01/2004 Debra I. Joslin - Delta Junction Appointed: 02/12/2003 Term Expires: 03/01/2005 Dr. John Troxel - Anchorage Appointed: 02/12/2003 Term Expires: 03/01/2006 Alaska Mental Health Trust Authority Board of Trustees John F. Malone - Bethel Appointed: 03/03/1995 Reappointed: 07/18/2002 Term Expires: 03/01/2007 Nelson Page - Anchorage Appointed: 03/03/1995 Reappointed: 06/02/1998 Reappointed: 03/25/2003 Term Expires: 03/01/2008 2003-05-18 Senate Journal Page 1537 Board of Certified Direct-Entry Midwives Mila Cosgrove - Juneau Appointed: 11/20/2002 Term Expires: 03/01/2006 Board of Nursing Rosalie A. Acoba - Kodiak Appointed: 03/25/2003 Term Expires: 03/01/2007 Catherine A. Giessel - Anchorage Appointed: 03/25/2003 Term Expires: 03/01/2006 James E. Jurrens - Juneau Appointed: 03/25/2003 Term Expires: 03/01/2004 Sally Harvey - Noorvik Appointed: 03/25/2003 Term Expires: 03/01/2006 Mary Weymiller - Fairbanks Appointed: 08/23/1999 Reappointed: 04/25/2003 Term Expires: 03/01/2007 Cathleen Ringstad Winfree - Fairbanks Appointed: 03/25/2003 Term Expires: 03/01/2007 Board of Examiners in Optometry Thomas N. Carter - Fairbanks Appointed: 12/11/1998 Reappointed: 07/18/2002 Term Expires: 03/01/2006 Dr. John C. Cobbett - North Pole Appointed: 09/11/1998 Reappointed: 07/18/2002 Term Expires: 03/01/2006 There being no objections, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Board of Pharmacy William Altland - Craig Appointed: 04/25/2003 Term Expires: 03/01/2007 Michael Pauley - Eagle River Appointed: 03/25/2003 Term Expires: 03/01/2004 2003-05-18 Senate Journal Page 1538 State Physical Therapy and Occupational Therapy Board Mary Ann Paul - Eagle River Appointed: 11/22/2002 Term Expires: 03/01/2006 Board of Professional Counselors Stephanie I. Friese - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2006 Anne L. Henry - Juneau Appointed: 11/16/1998 Reappointed: 08/28/2002 Term Expires: 03/01/2006 Professional Teaching Practices Commission Craig Baker - Kodiak Appointed: 02/19/2003 Term Expires: 03/01/2005 Cynthia Curran - Juneau Appointed: 03/27/2001 Reappointed: 04/29/2003 Term Expires: 03/01/2006 Vivian L. Dailey - Fairbanks Appointed: 02/19/2003 Term Expires: 03/01/2005 Mark Doner - Palmer Appointed: 03/25/2003 Term Expires: 03/01/2006 Kimberly Jockusch - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2004 Thomas Lamal - Fairbanks Appointed: 03/25/2003 Term Expires: 03/01/2006 Lawrence Lee Oldaker - Auke Bay Appointed: 01/28/2000 Reappointed: 11/26/2002 Term Expires: 03/01/2005 Board of Psychologist and Psychological Associate Examiners Dr. Lorin Bradbury - Bethel Appointed: 04/25/2003 Term Expires: 03/01/2005 Dr. John Miller - Chugiak Appointed: 04/25/2003 Term Expires: 03/01/2005 Alaska Public Offices Commission (APOC) Larry D. Wood - Anchorage Appointed: 08/20/2002 Reappointed: 03/01/2003 Term Expires: 03/01/2008 2003-05-18 Senate Journal Page 1539 There being no objections, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Board of Certified Real Estate Appraisers Steve MacSwain - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2006 Real Estate Commission Brad J. Fluetsch - Juneau Appointed: 04/25/2003 Term Expires: 03/01/2007 Barbara Parker-Ramsey - Anchorage Appointed: 04/25/2003 Term Expires: 03/01/2007 David B. Somers - Fairbanks Appointed: 04/25/2003 Term Expires: 03/01/2007 Z. Kent Sullivan, Esq. - Juneau Appointed: 04/25/2003 Term Expires: 03/01/2004 University of Alaska Board of Regents David J. Parks - Anchorage Appointed: 06/01/2003 Term Expires: 06/01/2005 Regulatory Commission of Alaska (RCA) Kate Giard - Anchorage Appointed: 06/01/2003 Term Expires: 03/01/2007 Board of Veterinary Examiners Dr. Timothy L. Bowser - Soldotna Appointed: 02/19/2003 Term Expires: 03/01/2004 Dr. James L. Morris - Wasilla Appointed: 01/02/1997 Reappointed: 11/26/2002 Term Expires: 03/01/2004 Steven Torrence - Fairbanks Appointed: 04/25/2003 Term Expires: 03/01/2006 Violent Crimes Compensation Board LeRoy Barker - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2005 Gerad G. Godfrey - Valdez Appointed: 02/19/2003 Term Expires: 03/01/2004 2003-05-18 Senate Journal Page 1540 Alaska Workers' Compensation Board John Abshire - Wasilla Appointed: 07/23/1997 Reappointed: 8/28/2000 Reappointed: 03/25/2003 Term Expires: 03/01/2006 Richard Behrens - Juneau Appointed: 11/21/2000 Reappointed: 03/25/2003 Term Expires: 03/01/2006 Sally Ann Carey - Anchorage Appointed: 10/31/2002 Term Expires: 03/01/2005 Curtis Hall - Anchorage Appointed: 03/01/2003 Term Expires: 03/01/2005 Andrew Piekarski - Eagle River Appointed: 03/07/1999 Reappointed: 8/28/2000 Reappointed: 03/25/2003 Term Expires: 03/01/2006 Royce R. Rock - Anchorage Appointed: 02/19/2003 Term Expires: 03/01/2005 Marc Stemp - Bethel Appointed: 03/25/2003 Term Expires: 03/01/2006 Dale R. Walaszek - Kasilof Appointed: 03/01/2003 Term Expires: 03/01/2006 There being no objections, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Therriault adjourned the Joint Session at 3:50 p.m. After Recess The Senate reconvened at 4:17 p.m. The presence of Senator Ogan was noted. Messages from the Governor HB 11 Message dated May 17 and received May 18 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: 2003-05-18 Senate Journal Page 1541 HOUSE BILL NO. 11 am S(efd fld S) "An Act relating to deposits to the Alaska permanent fund from mineral lease rentals, royalties, royalty sale proceeds, net profit shares under AS 38.05.180(f) and (g), federal mineral revenue sharing payments received by the state from mineral leases, and bonuses received by the state from mineral leases, and limiting deposits from those sources to the 25 percent required under art. IX, sec. 15, Constitution of the State of Alaska." Chapter 22, SLA 2003 Effective Date: 08/15/03 Messages from the House SB 210 Message dated May 17 was read, stating the House passed and returned: SENATE BILL NO. 210 "An Act regarding the computation of overtime compensation by employers before June 2, 1999; and providing for an effective date." The bill was referred to the Secretary for enrollment. Messages dated May 17 and 18 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 28 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 28(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date." 2003-05-18 Senate Journal Page 1542 was read the first time and referred to the Resources and Finance Committees. HB 145 CS FOR HOUSE BILL NO. 145(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act prohibiting discrimination in the awarding of attorney fees and costs in civil actions or appeals to or against, or in the posting of bonds or other security by, public interest litigants; and relating to awards of attorney fees and costs in cases involving enforcement of constitutional rights; and providing for an effective date." was read the first time and referred to the Judiciary Committee. HB 199 HOUSE BILL NO. 199 BY THE HOUSE RULES COMMITTEE BY REQUEST, entitled: "An Act removing the annual adjustment to the minimum wage based on the rate of inflation; and providing for an effective date." was read the first time and referred to the Labor and Commerce Committee. HB 216 CS FOR HOUSE BILL NO. 216(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to and limiting municipal taxation of refined fuel and wholesale sales of fuel, and to the bulk fuel revolving loan fund." was read the first time and referred to the Finance Committee. HB 230 CS FOR HOUSE BILL NO. 230(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: 2003-05-18 Senate Journal Page 1543 "An Act relating to political signs on private property." was read the first time and referred to the State Affairs and Judiciary Committees. HB 295 CS FOR HOUSE BILL NO. 295(STA) am BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: "An Act relating to the publishing, furnishing, and contents of certain notices regarding regulations or rules of certain state agencies and entities; relating to distribution of the Alaska Administrative Code, Alaska Administrative Register, and supplements to the code or register; and providing for an effective date." was read the first time and referred to the Finance Committee. Concur Messages SJR 8 Message dated May 17 was read, stating the House passed and returned for consideration SENATE JOINT RESOLUTION NO. 8 Relating to the division of the Ninth Circuit Court of Appeals, with the following amendment: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 8(JUD) Senator Ben Stevens moved that the Senate concur in the House amendment and recommended the body vote no. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: 2003-05-18 Senate Journal Page 1544 HCS SJR 8(JUD) Shall the Senate Concur in the House amendment to SJR 8? YEAS: 3 NAYS: 11 EXCUSED: 1 ABSENT: 5 Yeas: Ellis, French, Olson Nays: Bunde, Cowdery, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis Absent: Dyson, Elton, Guess, Hoffman, Lincoln French changed from "Nay" to "Yea". and so, the Senate failed to concur. The Secretary was requested to notify the House of the Senate's action and request the House to recede from its amendment. SB 88 Message dated May 17 was read, stating the House passed and returned for consideration SENATE BILL NO. 88 "An Act relating to standards for forest resources and practices; and providing for an effective date" with the following amendment: HOUSE CS FOR SENATE BILL NO. 88(RES) Senator Ben Stevens moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS SB 88(RES) Shall the Senate Concur in the House amendment to SB 88? Effective Date YEAS: 15 NAYS: 0 EXCUSED: 1 ABSENT: 4 Yeas: Bunde, Cowdery, Dyson, Ellis, French, Green, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis Absent: Elton, Guess, Hoffman, Lincoln 2003-05-18 Senate Journal Page 1545 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE BILL NO. 88(RES) "An Act relating to standards for forest resources and practices; and providing for an effective date." Senator Ben Stevens moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 89 Senator Ben Stevens brought up the concur message read May 17 and held on the Secretary's desk. (page 1500) Senator Ben Stevens moved that the Senate concur in the House amendments to CS FOR SENATE BILL NO 89(JUD) am "An Act amending the Regulation of Lobbying Act and the definition of 'lobbyist' as it applies in the act setting standards of conduct for legislators and legislative employees; and amending the Regulation of Lobbying Act and the legislative standards of conduct to allow a lobbyist to give and a person covered by legislative standards of conduct to accept tickets to a charity event during a legislative session," thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 89(RLS) am H "An Act amending the Regulation of Lobbying Act and the definition of 'lobbyist' as it applies in the act setting standards of conduct for legislators and legislative employees; and amending the Regulation of Lobbying Act and the legislative standards of conduct to allow a lobbyist to give and a person covered by legislative standards of conduct to accept tickets to a charity event during a legislative session" and recommended the body vote no. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: 2003-05-18 Senate Journal Page 1546 HCS CSSB 89(RLS) am H Shall the Senate Concur in the House amendments to CSSB 89(JUD)? YEAS: 0 NAYS: 15 EXCUSED: 1 ABSENT: 4 Nays: Bunde, Cowdery, Dyson, Ellis, French, Green, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis Absent: Elton, Guess, Hoffman, Lincoln and so, the Senate failed to concur. The Secretary was requested to notify the House of the Senate's action and request the House to recede from its amendments. Standing Committee Reports SB 73 The Finance Committee considered SENATE BILL NO. 73 "An Act relating to the authority of the Alaska Industrial Development and Export Authority to issue bonds; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 73(FIN) "An Act relating to the loan participation program of the Alaska Industrial Development and Export Authority and to regulations of the Alaska Industrial Development and Export Authority; and providing for an effective date." Signing do pass: Senators Green, Wilken, Cochairs; Senator Ben Stevens. Signing no recommendation: Senators Taylor, Hoffman, Olson, Bunde. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill is on today's calendar. 2003-05-18 Senate Journal Page 1547 SB 112 The Finance Committee considered SENATE BILL NO. 112 "An Act increasing the motor fuel tax and repealing the special tax rates on blended fuels; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 112(FIN) "An Act relating to tax refunds for government agency purchases of fuel; and providing for an effective date." Signing do pass: Senator Green, Cochair; Senator Ben Stevens. Signing no recommendation: Senator Wilken, Cochair; Senators Taylor, Hoffman, Olson. The following fiscal information was published today: Fiscal Note No. 3, zero, Department of Administration Fiscal Note No. 4, zero, Department of Revenue The bill is on today's calendar. HB 112 The Finance Committee considered CS FOR HOUSE BILL NO. 112(FIN) "An Act relating to the authority of the Alaska Industrial Development and Export Authority to issue bonds and to a municipal tax exemption for certain assets and projects of the Alaska Industrial Development and Export Authority; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 112(FIN) Signing do pass: Senators Green, Wilken, Cochairs; Senators Taylor, Hoffman, Olson, Ben Stevens. Signing no recommendation: Senator Bunde. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill is on today's calendar. 2003-05-18 Senate Journal Page 1548 HB 165 The Finance Committee considered CS FOR HOUSE BILL NO. 165(HES)(efd fld) "An Act relating to community schools." Signing do pass: Senators Green, Wilken, Cochairs; Senator Ben Stevens. Signing do not pass: Senators Taylor, Hoffman, Olson, Bunde. The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Education and Early Development The bill is on today's calendar. HB 232 The Finance Committee considered HOUSE BILL NO. 232 "An Act relating to mercury classics; and providing for an effective date" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 232(FIN) "An Act relating to contests of skill under the charitable gaming laws; relating to mercury classics; and providing for an effective date." (Title change authorized by SCR 16) Signing do pass: Senators Green, Wilken, Cochairs; Senators Taylor, Hoffman, Olson, Ben Stevens, Bunde. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House Labor and Commerce Committee The bill was referred to the Rules Committee. HB 245 The Judiciary Committee considered CS FOR HOUSE BILL NO. 245(JUD)(efd fld) "An Act relating to certain suits and claims by members of the military services; relating to certain suits and claims regarding acts or omissions of the organized militia; relating to workers' compensation and death benefits for members of the organized militia; relating to liability arising out of certain search and rescue, civil defense, fire management, and fire fighting activities." Signing do pass: Senator Seekins, Chair. Signing do not pass: Senator French. Signing no recommendation: Senators Therriault, Ogan. 2003-05-18 Senate Journal Page 1549 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law Fiscal Note No. 2, zero, Department of Natural Resources Fiscal Note No. 3, indeterminate, Department of Administration The bill was referred to the Finance Committee. HB 246 The Resources Committee considered CS FOR HOUSE BILL NO. 246(RES)(title am) "An Act relating to certain audits regarding oil and gas royalty and net profits, to audits regarding costs relating to exploration incentive credits and oil and gas exploration licenses, and to the limitation on upland acreage that a person may take or hold under oil and gas leases; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 246(RES) Signing do pass: Senator Ogan, Chair, Senator Ben Stevens. Signing no recommendation: Senators Dyson, Elton. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Natural Resources The bill was referred to the Finance Committee. President Therriault stated that the Finance Committee referral would be waived. Without objection, it was so ordered. The bill was referred to the Rules Committee. HB 248 The Finance Committee considered HOUSE BILL NO. 248 "An Act relating to the annual salary of the chief procurement officer; and providing for an effective date." Signing do pass: Senator Green, Cochair; Senators Taylor, Hoffman, Ben Stevens, Bunde. Signing no recommendation: Senator Wilken, Cochair; Senator Olson. The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Administration The bill was referred to the Rules Committee. 2003-05-18 Senate Journal Page 1550 HJR 27 The Finance Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) Relating to support for a federal appropriation for expansion of the Anchorage Jail. Signing do pass: Senator Green, Cochair; Senators Hoffman, Ben Stevens, Bunde. Signing no recommendation: Senator Wilken, Cochair; Senator Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Corrections The bill was referred to the Rules Committee. Consideration of the Calendar Second Reading of Senate Bills SB 73 SENATE BILL NO. 73 "An Act relating to the authority of the Alaska Industrial Development and Export Authority to issue bonds; 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 1546. Without objection, CS FOR SENATE BILL NO. 73(FIN) "An Act relating to the loan participation program of the Alaska Industrial Development and Export Authority and to regulations of the Alaska Industrial Development and Export Authority; and providing for an effective date" was adopted. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 73(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 73(FIN) "An Act relating to the loan participation program of the Alaska Industrial Development and Export Authority and to regulations of the Alaska Industrial Development and Export Authority; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2003-05-18 Senate Journal Page 1551 CSSB 73(FIN) Third Reading - Final Passage Effective Date YEAS: 14 NAYS: 0 EXCUSED: 1 ABSENT: 5 Yeas: Bunde, Cowdery, Dyson, Ellis, French, Green, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis Absent: Elton, Guess, Hoffman, Lincoln, Ogan and so, CS FOR SENATE BILL NO. 73(FIN) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. SB 112 SENATE BILL NO. 112 "An Act increasing the motor fuel tax and repealing the special tax rates on blended fuels; 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 1547. Without objection, CS FOR SENATE BILL NO. 112(FIN) "An Act relating to tax refunds for government agency purchases of fuel; and providing for an effective date" was adopted. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 112(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 112(FIN) "An Act relating to tax refunds for government agency purchases of fuel; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2003-05-18 Senate Journal Page 1552 CSSB 112(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Ogan Excused: Davis and so, CS FOR SENATE BILL NO. 112(FIN) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ogan gave notice of reconsideration. Second Reading of House Bills HB 14 HOUSE BILL NO. 14 am "An Act relating to an absence from the state while providing care for a terminally ill family member for purposes of determining eligibility for a permanent fund dividend; and providing for an effective date" was read the second time. Senator Gary Stevens, Chair, moved and asked unanimous consent for the adoption of the State Affairs Senate Committee Substitute offered on page 1203. Without objection, SENATE CS FOR HOUSE BILL NO. 14(STA) was adopted. President Therriault stated SENATE CS FOR HOUSE BILL NO. 14 (STA) will be on the May 19 calendar. HB 79 HOUSE BILL NO. 79 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date" was read the second time. 2003-05-18 Senate Journal Page 1553 Senator Wilken, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1181. Without objection, SENATE CS FOR HOUSE BILL NO. 79(FIN) was adopted. President Therriault stated SENATE CS FOR HOUSE BILL NO. 79(FIN) will be on the May 19 calendar. HB 86 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86(JUD) am "An Act relating to state permitted projects; and providing for an effective date" was read the second time. Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 1502. Senator Ellis objected. The question being: "Shall the Judiciary Senate Committee Substitute be adopted?" The roll was taken with the following result: CSSSHB 86(JUD) am Second Reading Adopt Judiciary Senate Committee Substitute? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Excused: Davis and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86(JUD) "An Act relating to state permitted projects; and providing for an effective date" was adopted. Senator French offered Amendment No. 1 : Page 1, line 3 - Page 2, line 25: Delete all material 2003-05-18 Senate Journal Page 1554 Page 2, line 26: Replace "2" with "3" Page 3, line 27 - Page 4, line 20: Delete all material Senator French moved and asked unanimous consent for the adoption of Amendment No. 1. Senator Ben Stevens objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSSSHB 86(JUD) Second Reading Amendment No. 1 YEAS: 6 NAYS: 12 EXCUSED: 1 ABSENT: 1 Yeas: Ellis, Elton, French, Guess, Hoffman, Lincoln Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis Absent: Olson Wagoner changed from "Yea" to "Nay". and so, Amendment No. 1 failed. President Therriault stated SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86(JUD) will be on the May 19 calendar. HB 104 CS FOR HOUSE BILL NO. 104(FSH) "An Act relating to payment of the fisheries business tax and to security for collection of the fisheries business tax" was read the second time. President Therriault stated CS FOR HOUSE BILL NO. 104(FSH) will be on the May 19 calendar. 2003-05-18 Senate Journal Page 1555 HB 112 CS FOR HOUSE BILL NO. 112(FIN) "An Act relating to the authority of the Alaska Industrial Development and Export Authority to issue bonds and to a municipal tax exemption for certain assets and projects of the Alaska Industrial Development and Export Authority; and providing for an effective date" was read the second time. Senator Wilken, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1547. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 112(FIN) was adopted. President Therriault stated SENATE CS FOR CS FOR HOUSE BILL NO. 112(FIN) will be on the May 19 calendar. HB 154 CS FOR HOUSE BILL NO. 154(FIN) "An Act relating to advancement in public schools of children under school age; and providing for an effective date for the Act of July 1, 2004" was read the second time. President Therriault stated CS FOR HOUSE BILL NO. 154(FIN) will be on the May 19 calendar. HB 165 CS FOR HOUSE BILL NO. 165(HES)(efd fld) "An Act relating to community schools" was read the second time. President Therriault stated CS FOR HOUSE BILL NO. 165(HES)(efd fld) will be on the May 19 calendar. HB 171 HOUSE BILL NO. 171 am "An Act repealing the charter school grant program; and providing for an effective date" was read the second time. President Therriault stated HOUSE BILL NO. 171 am will be on the May 19 calendar. 2003-05-18 Senate Journal Page 1556 HB 174 CS FOR HOUSE BILL NO. 174(FIN) am "An Act relating to the state centralized correspondence study program, to funding for educational programs that occur primarily outside school facilities, and to the duties of school boards of borough and city school districts and regional educational attendance areas; and providing for an effective date" was read the second time. President Therriault stated CS FOR HOUSE BILL NO. 174(FIN) am will be on the May 19 calendar. HB 210 CS FOR HOUSE BILL NO. 210(RES) "An Act relating to the Chitina dip net fishery; and providing for an effective date" was read the second time. President Therriault stated CS FOR HOUSE BILL NO. 210(RES) will be on the May 19 calendar. HB 214 CS FOR HOUSE BILL NO. 214(JUD) "An Act relating to the recovery of punitive damages against an employer who is determined to be vicariously liable for the act or omission of an employee; and providing for an effective date" was read the second time. Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 1359. Senator Ellis objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 214(JUD) was adopted. President Therriault stated SENATE CS FOR CS FOR HOUSE BILL NO. 214(JUD) will be on the May 19 calendar. HB 256 HOUSE BILL NO. 256 "An Act relating to a dividend payment to the state made by the Alaska Housing Finance Corporation each fiscal year; and providing for an effective date" was read the second time. 2003-05-18 Senate Journal Page 1557 Senator Wilken, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1205. Without objection, SENATE CS FOR HOUSE BILL NO. 256(FIN) was adopted. President Therriault stated SENATE CS FOR HOUSE BILL NO. 256(FIN) will be on the May 19 calendar. HB 257 CS FOR HOUSE BILL NO. 257(JUD) am "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 second time. Senator Bunde, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Senate Committee Substitute offered on page 1505. Senator Ellis objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 257(L&C) was adopted. President Therriault stated SENATE CS FOR CS FOR HOUSE BILL NO. 257(L&C) will be on the May 19 calendar. Third Reading of Senate Bills SB 215 CS FOR SENATE BILL NO. 215(STA) was read the third time. Senator Ben Stevens called the Senate. The call was satisfied. The question being: "Shall CS FOR SENATE BILL NO. 215(STA) "An Act relating to a lease-purchase agreement for, the construction and equipping of, and the financing of a seafood and food safety laboratory facility to be operated by the Department of Environmental Conservation, including the issuance of certificates of participation, and the use of certain investment income for certain construction and equipping costs; and providing for an effective date" pass the Senate?" 2003-05-18 Senate Journal Page 1558 The roll was taken with the following result: CSSB 215(STA) Third Reading - Final Passage YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Green, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wilken Nays: Dyson, Ellis, Elton, French, Guess, Hoffman, Lincoln, Ogan, Olson, Wagoner Excused: Davis and so, CS FOR SENATE BILL NO. 215(STA) failed to pass the Senate. Senator Taylor gave notice of reconsideration. SB 223 SENATE BILL NO. 223 was read the third time. The question being: "Shall SENATE BILL NO. 223 "An Act naming the state ferry first operating to serve between Metlakatla and Ketchikan; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 223 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, SENATE BILL NO. 223 passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. 2003-05-18 Senate Journal Page 1559 Third Reading of House Bills HB 49 SENATE CS FOR CS FOR HOUSE BILL NO. 49(JUD) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 49(JUD) "An Act relating to the deoxyribonucleic acid (DNA) identification registration system and testing; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 49(JUD) Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, SENATE CS FOR CS FOR HOUSE BILL NO. 49(JUD) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. Senators French, Dyson, Gary Stevens, Wagoner, Seekins, Lincoln, Elton, Taylor, Ben Stevens, Guess, Bunde, Cowdery, Wilken, Green, moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. 2003-05-18 Senate Journal Page 1560 Reconsideration of Senate Bills SB 73 Senator Ellis gave notice of reconsideration on CS FOR SENATE BILL NO. 73(FIN) and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered and the bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 73(FIN) "An Act relating to the loan participation program of the Alaska Industrial Development and Export Authority and to regulations of the Alaska Industrial Development and Export Authority; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 73(FIN) Third Reading - On Reconsideration Effective Date YEAS: 15 NAYS: 0 EXCUSED: 1 ABSENT: 4 Yeas: Cowdery, Dyson, Ellis, French, Green, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Taylor, Therriault, Wagoner, Wilken Excused: Davis Absent: Bunde, Elton, Guess, Stevens G and so, CS FOR SENATE BILL NO. 73(FIN) passed the Senate on reconsideration. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 112 Senator Ogan requested that the reconsideration on CS FOR SENATE BILL NO. 112(FIN) (page 1552) be taken up at this time. Without objection, it was so ordered and the bill was before the Senate on reconsideration. 2003-05-18 Senate Journal Page 1561 The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 112(FIN) "An Act relating to tax refunds for government agency purchases of fuel; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 112(FIN) Third Reading - On Reconsideration Effective Date YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis Absent: French and so, CS FOR SENATE BILL NO. 112(FIN) passed the Senate on reconsideration. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Recess Senator Ben Stevens moved and asked unanimous consent that the Senate stand in recess to 7:30 p.m. Without objection, the Senate recessed at 6:20 p.m. After Recess The Senate reconvened at 8:32 p.m. 2003-05-18 Senate Journal Page 1562 Consideration of the Calendar (continued) Third Reading of House Bills (continued) HB 57 SENATE CS FOR CS FOR HOUSE BILL NO. 57(FIN) was read the third time. Senator Wagoner called the Senate. The call was satisfied. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 57(FIN) "An Act amending the manner of determining the royalty received by the state on gas production as it relates to the manufacture of certain value-added products" pass the Senate?" The roll was taken with the following result: SCS CSHB 57(FIN) Third Reading - Final Passage YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, French, Green, Guess, Lincoln, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Ellis, Elton, Hoffman, Olson Excused: Davis and so, SENATE CS FOR CS FOR HOUSE BILL NO. 57(FIN) passed the Senate. Senator Ellis gave notice of reconsideration. HB 61 SENATE CS FOR CS FOR HOUSE BILL NO. 61(RES) "An Act establishing an exploration and development incentive tax credit for operators and working interest owners directly engaged in the exploration for and development of gas for sale and delivery without reference to volume from a lease or property in the state; and providing for an effective date" was read the third time. Senator French moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. 2003-05-18 Senate Journal Page 1563 Without objection, the bill was returned to second reading. Senator French offered Amendment No. 1 : Page 3, line 23, insert new section (i) The tax credit authorized by this section shall not be allowed when the price of gas exceeds $7.50/MCF for nine months in a fiscal year. Renumber sections accordingly. Senator French moved and asked unanimous consent for the adoption of Amendment No. 1. Senator Green objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 61(RES) Second Reading Amendment No. 1 YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson, Taylor Nays: Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 1 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 61(RES) was automatically in third reading. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 61(RES) "An Act establishing an exploration and development incentive tax credit for operators and working interest owners directly engaged in the exploration for and development of gas for sale and delivery without reference to volume from a lease or property in the state; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2003-05-18 Senate Journal Page 1564 SCS CSHB 61(RES) Third Reading - Final Passage Effective Dates YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Elton, French, Green, Guess, Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Ellis, Lincoln Excused: Davis and so, SENATE CS FOR CS FOR HOUSE BILL NO. 61(RES) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. HB 118 SENATE CS FOR CS FOR HOUSE BILL NO. 118(L&C) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 118(L&C) "An Act relating to the transportation and sale of certain commercially caught fish by an agent of a commercial fishing permit holder and to the sale of fish; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2003-05-18 Senate Journal Page 1565 SCS CSHB 118(L&C) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wilken Excused: Davis Absent: Wagoner and so, SENATE CS FOR CS FOR HOUSE BILL NO. 118(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. Senator Ellis gave notice of reconsideration. HB 135 SENATE CS FOR CS FOR HOUSE BILL NO. 135(HES) was read the third time. Senator Dyson moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Dyson was required to vote. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 135(HES) "An Act relating to marital and family therapists" pass the Senate?" The roll was taken with the following result: 2003-05-18 Senate Journal Page 1566 SCS CSHB 135(HES) Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wilken Excused: Davis Absent: Wagoner and so, SENATE CS FOR CS FOR HOUSE BILL NO. 135(HES) passed the Senate. Senator Ellis gave notice of reconsideration. HB 151 SENATE CS FOR CS FOR HOUSE BILL NO. 151(L&C) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 151(L&C) "An Act relating to claims and court actions for defects in the design, construction, and remodeling of certain dwellings; limiting when certain court actions may be brought; and amending Rules 79 and 82, Alaska Rules of Civil Procedure" pass the Senate? The roll was taken with the following result: SCS CSHB 151(L&C) Third Reading - Final Passage Court Rules YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner Nays: Taylor, Wilken Excused: Davis and so, SENATE CS FOR CS FOR HOUSE BILL NO. 151(L&C) passed the Senate. 2003-05-18 Senate Journal Page 1567 Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the court rule changes. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. HB 224 HOUSE BILL NO. 224 was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: HB 224 Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis Absent: Ogan and so, HOUSE BILL NO. 224 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. Senator Ellis gave notice of reconsideration. HB 225 HOUSE BILL NO. 225 was read the third time. Senator Ellis called the Senate. The call was satisfied. 2003-05-18 Senate Journal Page 1568 The question being: "Shall HOUSE BILL NO. 225 "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" pass the Senate?" The roll was taken with the following result: HB 225 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, HOUSE BILL NO. 225 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. Senator Ellis gave notice of reconsideration. HB 229 SENATE CS FOR CS FOR HOUSE BILL NO. 229(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 229(FIN) "An Act relating to special medical parole and to prisoners who are severely medically or cognitively disabled; relating to a severe acute respiratory syndrome control program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2003-05-18 Senate Journal Page 1569 SCS CSHB 229(FIN) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, SENATE CS FOR CS FOR HOUSE BILL NO. 229(FIN) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 266 CS FOR HOUSE BILL NO. 266(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 266(FIN) "An Act relating to questioned ballots and questioned voters, voter registration, training of election officials, preparation of election materials, provision of election materials, forms, and supplies for polling places, voter identification, absentee voting, and counting ballots; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 266(FIN) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis 2003-05-18 Senate Journal Page 1570 and so, CS FOR HOUSE BILL NO. 266(FIN) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. HB 313 HOUSE BILL NO. 313 "An Act authorizing a pilot program relating to state procurement and the use of electronic commerce tools; and providing for an effective date" was read the third time. Senator Elton moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Elton offered Amendment No. 1 : Page 2, line 9, following "tools." Insert "The contract shall be awarded in accordance with competitive bidding procedures outlined in AS 36.30." Senator Elton moved for the adoption of Amendment No. 1. Senator Bunde objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. HOUSE BILL NO. 313 am S was automatically in third reading. Senator Elton moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. (Amendment No. 2 was not offered.) Without objection, the bill was returned to second reading. Senator Elton offered Amendment No. 3 : Page 2, line 14, following "AS 36.30." Insert "However, where practicable, the procurement shall be made in accordance with preferences under AS 36.15 and AS 36.30.322 - 36.30.338" 2003-05-18 Senate Journal Page 1571 Senator Elton moved for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. HOUSE BILL NO. 313 am S was automatically in third reading. The question being: "Shall HOUSE BILL NO. 313 am S "An Act authorizing a pilot program relating to state procurement and the use of electronic commerce tools; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 313 am S Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Ellis, Elton Excused: Davis and so, HOUSE BILL NO. 313 am S passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. Second Reading of Senate Resolutions SCR 13 SENATE CONCURRENT RESOLUTION NO. 13 Encouraging the Department of Corrections to provide canned Alaska pink salmon to inmates of the Alaska prison system, was read the second time. The question being: Shall SENATE CONCURRENT RESOLUTION NO. 13 Encouraging the Department of Corrections to provide canned Alaska pink salmon to inmates of the Alaska prison system, pass the Senate? The roll was taken with the following result: 2003-05-18 Senate Journal Page 1572 SCR 13 Second Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis and so, SENATE CONCURRENT RESOLUTION NO. 13 passed the Senate and was referred to the Secretary for engrossment. Second Reading of House Resolutions HJR 28 HOUSE JOINT RESOLUTION NO. 28 am Urging the United States Congress to support the granting of official Observer Status to the Republic of China at the World Health Assembly Annual Conference to be held at Geneva, Switzerland, in May 2003, and to support negotiation of a free trade agreement with the Republic of China, was read the second time. Senator Ben Stevens moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE JOINT RESOLUTION NO. 28 am was read the third time. The question being: "Shall HOUSE JOINT RESOLUTION NO. 28 am Urging the United States Congress to support the granting of official Observer Status to the Republic of China at the World Health Assembly Annual Conference to be held at Geneva, Switzerland, in May 2003, and to support negotiation of a free trade agreement with the Republic of China, pass the Senate?" The roll was taken with the following result: 2003-05-18 Senate Journal Page 1573 HJR 28 am Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis Absent: Olson, Seekins and so, HOUSE JOINT RESOLUTION NO. 28 am passed the Senate, was signed by the President and Secretary and returned to the House. Citations th Honoring - Walter and Joy Ward, 50 Wedding Anniversary Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken Honoring - Amie Joy Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken Honoring - Rita Holthouse Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - Goody Javier Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken In Memoriam - Bettye Ruth Matthews Senator(s) Davis, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken 2003-05-18 Senate Journal Page 1574 Honoring - Dr. Walter A. Soboleff Representative(s) Kookesh Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Olson, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - Responders to the Matanuska Maid Building Fire Representative(s) Gatto Senator(s) Ogan, Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken In Memoriam - Richard Bartlett Stough Senator(s) Taylor, Ogan, Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Wagoner, Wilken Representative(s) Wilson In Memoriam - Constance R. Parker Representative(s) Berkowitz Senator(s) French, Therriault, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Senator Ben Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Ben Stevens moved and asked unanimous consent that the following citations be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - The House Floor Staff 2003 Legislative Session Representative(s) Rokeberg Senator(s) Therriault, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken 2003-05-18 Senate Journal Page 1575 Honoring - The House Chief Clerk and Staff Representative(s) Rokeberg Therriault, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wagoner, Wilken Honoring - The Senate Floor Staff 2003 Legislative Session Senator(s) Ben Stevens, Therriault, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Gary Stevens, Taylor, Wagoner, Wilken Honoring - The Senate Secretary and Staff Senator(s) Ben Stevens, Therriault, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Gary Stevens, Taylor, Wagoner, Wilken Senator Ben Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business HJR 29 Senator Dyson, Chair, moved and asked unanimous consent that the Health, Education and Social Services Committee referral be waived on HOUSE JOINT RESOLUTION NO. 29 Relating to the establishment of Reserve Officer Training Corps programs in Alaska by the United States Coast Guard. Without objection, it was so ordered. The resolution was referred to the Rules Committee. HB 118 Senators Gary Stevens, Dyson, Taylor, Wagoner, Elton, moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 118(RES) am "An Act relating to the transportation and sale of certain commercially caught fish by an agent of a commercial fishing permit holder and to the sale of fish; and providing for an effective date." Without objection, it was so ordered. 2003-05-18 Senate Journal Page 1576 HJR 29 Senators Elton, Dyson, Gary Stevens, Lincoln, Olson, Wilken, Bunde, Guess, moved and asked unanimous consent to be shown as cross sponsors on HOUSE JOINT RESOLUTION NO. 29 Relating to the establishment of Reserve Officer Training Corps programs in Alaska by the United States Coast Guard. Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Engrossment SB 73 CS FOR SENATE BILL NO. 73(FIN) "An Act relating to the loan participation program of the Alaska Industrial Development and Export Authority and to regulations of the Alaska Industrial Development and Export Authority; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 112 CS FOR SENATE BILL NO. 112(FIN) "An Act relating to tax refunds for government agency purchases of fuel; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 223 SENATE BILL NO. 223 "An Act naming the state ferry first operating to serve between Metlakatla and Ketchikan; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2003-05-18 Senate Journal Page 1577 HB 229 SENATE CS FOR CS FOR HOUSE BILL NO. 229(FIN) "An Act relating to special medical parole and to prisoners who are severely medically or cognitively disabled; relating to a severe acute respiratory syndrome control program; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. SCR 13 SENATE CONCURRENT RESOLUTION NO. 13 Encouraging the Department of Corrections to provide canned Alaska pink salmon to inmates of the Alaska prison system was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Ben Stevens moved and asked unanimous consent that the Senate stand in adjournment until 10:30 a.m., May 19, 2003. Without objection, the Senate adjourned at 9:56 p.m. Kirsten Waid Secretary of the Senate June 2003 2003-05-18 Senate Journal Page 1578 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS May 19 Monday Fahrenkamp 203 1:30 PM Bills Previously Heard/Scheduled + SCR 12 BOROUGH INCORPORATION: UNORG AREAS ---------------------------------------- FINANCE May 18 Sunday Senate Finance 532 11:00 AM -- Time Change -- += SB 73 AIDEA: BONDS & MUNICIPAL TAX EXEMPTION += HB 112 AIDEA : BONDS & MUNICIPAL TAX EXEMPTION += HB 165 COMMUNITY SCHOOLS += HB 248 SALARY OF CHIEF PROCUREMENT OFFICER += SB 112 INCREASE MOTOR FUEL TAX + HB 232 HOMER MERCURY CLASSIC + HB 216 MUNI TAXATION OF REFINED FUEL PRODUCTS + HB 245 SUITS & CLAIMS: MILITARY/FIRE/DEFENSE + HB 246 LIMIT ON OIL & GAS LEASE ACREAGE + HJR 27 SUPPORT ANCHORAGE JAIL EXPANSION + Bills Previously Heard/Scheduled 2003-05-18 Senate Journal Page 1579 FINANCE (continued) May 19 Monday Senate Finance 532 8:30 AM -- Time Change -- + HB 234 BREWPUBS; ABC BOARD + HB 251 MARINE PILOT FOR FOREIGN PLEASURE CRAFT + HB 267 AK RAILROAD BONDS FOR NAT.GAS TRANSPORT + HB 162 INCREASE BUSINESS LICENSE FEE <Pending Referral> + HB 271 PASSENGER VEHICLE RENTAL TAX <Pending Referral> + HB 111 EXTEND REGULATORY COMMISSION OF ALASKA <Pending Referral> + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY May 18 Sunday Beltz 211 10:00 AM -- Time Change -- + HCR 16 UNIFORM RULES; MASON'S MANUAL EDITION + HB 145 ATTY FEES: PUBLIC INTEREST LITIGANTS += HB 245 SUITS & CLAIMS: MILITARY/FIRE/DEFENSE + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE May 19 Monday Beltz 211 8:00 AM -- Time Change -- + HB 305 UNEMPLOYMENT COMPENSATION BENEFITS HB 288 CHANGING NAME OF DEPT OF COMM & ECON DEV. <Above Item Removed from Agenda> + HB 252 OCC LICENSING: TERMS OF BD & CONT. EDUC + HB 270 PHARMACIST LICENSING + HB 10 GROUP HEALTH INSURANCE FOR PRIVATE GROUPS + HB 199 DELETE MINIMUM WAGE INFLATION - PROOFING Bills Previously Heard/Scheduled += HB 195 INDIVIDUAL HEALTH CARE INSURANCE ---------------------------------------- 2003-05-18 Senate Journal Page 1580 RESOURCES May 18 Sunday Butrovich 205 10:30 AM -- Recessed to Call of Chair -- -- Time Change -- += HB 283 COAL LEASES + HB 246 LIMIT ON OIL & GAS LEASE ACREAGE += SB 172 LIMIT ON OIL & GAS LEASE ACREAGE + HB 24 AGREEMENTS ON MANAGEMENT OF FISH AND GAME + Bills Previously Heard/Scheduled May 19 Monday Butrovich 205 10:30 AM += HB 24 AGREEMENTS ON MANAGEMENT OF FISH AND GAME += HB 283 COAL LEASES + HB 28 OIL & GAS ROYALTY MODIFICATION + Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 75 & HB 76 May 18 Sunday Senate Finance 532 12:00 PM -- Meeting Postponed to 5/19/03 -- = HB 75 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 76 APPROP:MENTAL HEALTH BUDGET Depts to be announced May 19 Monday Senate Finance 532 12:00 PM -- Meeting Rescheduled from 5/18/03 -- = HB 75 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 76 APPROP:MENTAL HEALTH BUDGET Depts to be announced