Legislature(2003 - 2004)

2003-05-21 Senate Journal

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2003-05-21                     Senate Journal                      Page 1687
                                                                                                    
                              SENATE JOURNAL                                                     
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                 Wednesday                    May 21, 2003                          
                                                                                                    
                       One Hundred Twenty-first Day                                              
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order at 1:19 p.m.                                 
                                                                                                    
The roll showed seventeen members present. Senators Hoffman,                                        
Olson, Gary Stevens, were absent.                                                                   
                                                                                                    
The prayer was offered by the Chaplain, Senator Green.                                              
                                                                                                    
Senator Seekins led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                      Reconsideration of House Bills                                             
                                                                                                    
HB 245                                                                                            
Senator Seekins requested that the reconsideration on CS FOR                                        
HOUSE BILL NO. 245(JUD) am S be taken up. The bill was before                                       
the Senate on reconsideration.                                                                      
                                                                                                    
Senator Seekins called the Senate, then lifted the call.                                            
                                                                                                    
The presence of Senators Hoffman, Gary Stevens was noted.                                           
                                                                                                    
HB 245                                                                                            
The question to be reconsidered: "Shall CS FOR HOUSE BILL NO.                                       
245(JUD) am S "An Act relating to certain suits and claims by                                       
members of the military services; relating to certain suits and claims                              
regarding acts or omissions of the organized militia; relating to                                   
workers' compensation and death benefits for members of the                                         
organized militia; relating to liability arising out of certain search and                          
rescue, civil defense, fire management, and fire fighting activities"                               
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    

2003-05-21                     Senate Journal                      Page 1688
CSHB 245(JUD) am S                                                                                  
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  11   NAYS:  8   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Taylor                                 
                                                                                                    
Absent:  Olson                                                                                      
                                                                                                    
and so, CS FOR HOUSE BILL NO. 245(JUD) am S passed the Senate                                       
on reconsideration and was referred to the Secretary for engrossment.                               
                                                                                                    
The presence of Senator Olson was noted.                                                            
                                                                                                    
HB 9                                                                                              
Senator Bunde requested that the reconsideration on SENATE CS                                       
FOR CS FOR HOUSE BILL NO. 9(FIN) be taken up. The bill was                                          
before the Senate on reconsideration.                                                               
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 9(FIN) "An Act relating to the registration of                                       
individuals who perform home inspections; relating to regulation of                                 
contractors; relating to registration fees for specialty contractors, home                          
inspectors, and associate home inspectors; relating to home inspection                              
requirements for residential loans purchased or approved by the                                     
Alaska Housing Finance Corporation; relating to civil actions by and                                
against home inspectors and to civil actions arising from residential                               
unit inspections; repealing a law that limits liability for damages based                           
on a duty to inspect a residential unit to damages caused by gross                                  
negligence or intentional misconduct; and providing for an effective                                
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1689
SCS CSHB 9(FIN)                                                                                     
Third Reading - On Reconsideration                                                                  
Effective Dates                                                                                     
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Ellis, Elton, French, Green, Guess, Hoffman,                                 
Lincoln, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner,                                 
Wilken                                                                                              
                                                                                                    
Nays:  Davis, Dyson, Ogan, Taylor                                                                   
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) passed                                           
the Senate on reconsideration.                                                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 145                                                                                            
Senator Seekins requested that the reconsideration on CS FOR                                        
HOUSE BILL NO. 145(FIN)(efd fld S) be taken up. The bill was                                        
before the Senate on reconsideration.                                                               
                                                                                                    
The question to be reconsidered: "Shall CS FOR HOUSE BILL NO.                                       
145(FIN) "An Act prohibiting discrimination in the awarding of                                      
attorney fees and costs in civil actions or appeals to or against, or in                            
the posting of bonds or other security by, public interest litigants; and                           
relating to awards of attorney fees and costs in cases involving                                    
enforcement of constitutional rights; and providing for an effective                                
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
CSHB 145(FIN)                                                                                       
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, CS FOR HOUSE BILL NO. 145(FIN) passed the Senate on                                         
reconsideration.                                                                                    

2003-05-21                     Senate Journal                      Page 1690
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSHB 145(FIN)                                                                                       
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so the effective date clauses failed to be adopted and CS FOR                                   
HOUSE BILL NO. 145(FIN)(efd fld S) "An Act prohibiting                                              
discrimination in the awarding of attorney fees and costs in civil                                  
actions or appeals to or against, or in the posting of bonds or other                               
security by, public interest litigants; and relating to awards of attorney                          
fees and costs in cases involving enforcement of constitutional rights"                             
was referred to the Secretary for engrossment.                                                      
                                                                                                    
HB 283                                                                                            
Senator Seekins requested that the reconsideration on HOUSE BILL                                    
NO. 283 be taken up. The bill was before the Senate on                                              
reconsideration.                                                                                    
                                                                                                    
The question to be reconsidered: "Shall HOUSE BILL NO. 283 "An                                      
Act relating to limitations on coal leases" pass the Senate?" The roll                              
was taken with the following result:                                                                
                                                                                                    
HB 283                                                                                              
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, HOUSE BILL NO. 283 passed the Senate on reconsideration                                     
and was signed by the President and Secretary and returned to the                                   
House.                                                                                              

2003-05-21                     Senate Journal                      Page 1691
HB 248                                                                                            
Senator Seekins requested that the reconsideration on HOUSE BILL                                    
NO. 248 be taken up. The bill was before the Senate on                                              
reconsideration.                                                                                    
                                                                                                    
The question to be reconsidered: "Shall HOUSE BILL NO. 248 "An                                      
Act relating to the annual salary of the chief procurement officer; and                             
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
HB 248                                                                                              
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, Green, Guess, Hoffman,                                         
Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner                                          
                                                                                                    
Nays:  Davis, Ellis, French, Lincoln, Ogan, Olson, Wilken                                           
                                                                                                    
and so, HOUSE BILL NO. 248 passed the Senate on reconsideration.                                    
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
HB 248                                                                                              
Effective Date Clause                                                                               
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the effective date clause was adopted and the bill was signed                               
by the President and Secretary and returned to the House.                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1692
HB 243                                                                                            
Senator Seekins requested that the reconsideration on CS FOR                                        
HOUSE BILL NO. 243(STA)(efd fld S) be taken up. The bill was                                        
before the Senate on reconsideration.                                                               
                                                                                                    
The question to be reconsidered: "Shall CS FOR HOUSE BILL NO.                                       
243(STA) "An Act establishing state agency program performance                                      
management and audit powers in the Office of the Governor for the                                   
evaluation of agency programs; and providing for an effective date"                                 
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSHB 243(STA)                                                                                       
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, CS FOR HOUSE BILL NO. 243(STA) passed the Senate on                                         
reconsideration.                                                                                    
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CSHB 243(STA)                                                                                       
Effective Date Clause                                                                               
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1693
and so, the effective date clause failed to be adopted and CS FOR                                   
HOUSE BILL NO. 243(STA)(efd fld S) "An Act establishing state                                       
agency program performance management and audit powers in the                                       
Office of the Governor for the evaluation of agency programs" was                                   
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 155                                                                                            
Senator Seekins requested that the reconsideration on CS FOR                                        
HOUSE BILL NO. 155(FIN) be taken up. The bill was before the                                        
Senate on reconsideration.                                                                          
                                                                                                    
The question to be reconsidered: "Shall CS FOR HOUSE BILL NO.                                       
155(FIN) "An Act relating to the submission of payroll information by                               
contractors and subcontractors performing work on a public                                          
construction contract; requiring a notice of work by employers on                                   
public construction contracts; providing for the withholding of final                               
payment for public construction contracts; and providing for an                                     
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSHB 155(FIN)                                                                                       
Third Reading - On Reconsideration                                                                  
Effective Dates                                                                                     
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess,                                    
Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                        
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  French, Lincoln                                                                              
                                                                                                    
Lincoln changed from "Yea" to "Nay".                                                                
                                                                                                    
and so, CS FOR HOUSE BILL NO. 155(FIN) passed the Senate on                                         
reconsideration.                                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered and the bill was                                 
signed by the President and Secretary and returned to the House.                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1694
                        Messages from the Governor                                               
                                                                                                    
SB 142                                                                                            
Message dated and received May 21 was read, stating the Governor                                    
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
         SENATE BILL NO. 142 "An Act designating the                                                
         Department of Natural Resources as lead agency for                                         
         resource development projects; making conforming                                           
         amendments; and providing for an effective date."                                          
                                                                                                    
                           Chapter 23, SLA 2003                                                    
                         Effective Date: 05/22/03                                                  
                                                                                                    
HB 191                                                                                            
Message dated and received May 21 was read, stating the Governor                                    
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
         CS FOR HOUSE BILL NO. 191(FIN) am "An Act                                                  
         relating to the Alaska coastal management program                                          
         and to policies and procedures for consistency                                             
         reviews and the rendering of consistency                                                   
         determinations under that program; eliminating the                                         
         Alaska Coastal Policy Council; annulling certain                                           
         regulations relating to the Alaska coastal                                                 
         management program; and providing for an effective                                         
         date."                                                                                     
                                                                                                    
                           Chapter 24, SLA 2003                                                    
                       Effective Date: See Chapter                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1695
                         Messages from the House                                                 
                                                                                                    
                             Concur Messages                                                     
                                                                                                    
SB 175                                                                                            
Senator Ben Stevens brought up the concurrence on CS FOR                                            
SENATE BILL NO. 175(JUD)(efd fld) "An Act relating to civil                                         
liability for inherent risks in sports or recreational activities" which                            
had been held (page 1672).                                                                          
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment to CS FOR SENATE BILL NO. 175(JUD)(efd fld), thus                                         
adopting HOUSE CS FOR CS FOR SENATE BILL NO. 175(JUD).                                              
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 175(JUD)                                                                                   
Shall the Senate concur in the House amendment                                                      
to CSSB 175(JUD)(efd fld)?                                                                          
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Olson, Seekins, Stevens                                  
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Taylor                                 
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 175(JUD) "An Act                                                
relating to civil liability for inherent risks in sports or recreational                            
activities."                                                                                        
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                         Messages from the House                                                 
                                                                                                    
SB 73                                                                                             
Message dated May 20 was read, stating the House passed and                                         
returned:                                                                                           

2003-05-21                     Senate Journal                      Page 1696
         CS FOR SENATE BILL NO. 73(FIN) "An Act                                                     
         relating to the loan participation program of the                                          
         Alaska Industrial Development and Export Authority                                         
         and to regulations of the Alaska Industrial                                                
         Development and Export Authority; and providing                                            
         for an effective date."                                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 112                                                                                            
Message dated May 21 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
         CS FOR SENATE BILL NO. 112(FIN) "An Act                                                    
         relating to tax refunds for government agency                                              
         purchases of fuel; and providing for an effective                                          
         date."                                                                                     
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 202                                                                                            
Message dated May 21 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
         CS FOR SENATE BILL NO. 202(FIN) "An Act                                                    
         relating to school transportation; relating to the base                                    
         student allocation used in the formula for state                                           
         funding of public education; and providing for an                                          
         effective date."                                                                           
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 215                                                                                            
Message dated May 21 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
         CS FOR SENATE BILL NO. 215(STA) "An Act                                                    
         relating to a lease-purchase agreement for, the                                            
         construction and equipping of, and the financing of a                                      
         seafood and food safety laboratory facility to be                                          

2003-05-21                     Senate Journal                      Page 1697
         operated by the Department of Environmental                                                
         Conservation, including the issuance of certificates of                                    
         participation, and the use of certain investment                                           
         income for certain construction and equipping costs;                                       
         and providing for an effective date."                                                      
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 216                                                                                            
Message dated May 20 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
         SENATE BILL NO. 216 "An Act relating to                                                    
         international airports revenue bonds; and providing                                        
         for an effective date."                                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 223                                                                                            
Message dated May 20 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
         SENATE BILL NO. 223 "An Act naming the state                                               
         ferry first operating to serve between Metlakatla and                                      
         Ketchikan; and providing for an effective date"                                            
                                                                                                    
with a House Letter of Intent (House Journal page 2108).                                            
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SCR 13                                                                                            
Message dated May 20 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
         SENATE CONCURRENT RESOLUTION NO. 13                                                        
         Encouraging the Department of Corrections to                                               
         provide canned Alaska pink salmon to inmates of the                                        
         Alaska prison system.                                                                      
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        

2003-05-21                     Senate Journal                      Page 1698
SCR 15                                                                                            
Message dated May 20 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
         SENATE CONCURRENT RESOLUTION NO. 15                                                        
         Suspending Rules 24(c), 35, 41(b), and 42(e),                                              
         Uniform Rules of the Alaska State Legislature,                                             
         concerning House Bill No. 229, relating to special                                         
         medical parole and to prisoners who are severely                                           
         medically or cognitively disabled.                                                         
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
HB 49                                                                                             
Message dated May 20 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 49(JUD), thus                                             
adopting:                                                                                           
                                                                                                    
         SENATE CS FOR CS FOR HOUSE BILL NO.                                                        
         49(JUD) "An Act relating to the deoxyribonucleic                                           
         acid (DNA) identification registration system and                                          
         testing; and providing for an effective date."                                             
                                                                                                    
HB 57                                                                                             
Message dated May 20 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 57(FIN), thus                                             
adopting:                                                                                           
                                                                                                    
         SENATE CS FOR CS FOR HOUSE BILL NO.                                                        
         57(FIN) "An Act amending the manner of                                                     
         determining the royalty received by the state on gas                                       
         production as it relates to the manufacture of certain                                     
         value-added products."                                                                     
                                                                                                    
HB 61                                                                                             
Message dated May 20 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 61(FIN), thus                                             
adopting:                                                                                           
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1699
         SENATE CS FOR CS FOR HOUSE BILL NO.                                                        
         61(RES) "An Act establishing an exploration and                                            
         development incentive tax credit for operators and                                         
         working interest owners directly engaged in the                                            
         exploration for and development of gas for sale and                                        
         delivery without reference to volume from a lease or                                       
         property in the state; and providing for an effective                                      
         date."                                                                                     
                                                                                                    
HB 79                                                                                             
Message dated May 20 was read, stating the House concurred in the                                   
Senate amendments to HOUSE BILL NO. 79, thus adopting:                                              
                                                                                                    
         SENATE CS FOR HOUSE BILL NO. 79(FIN) am S                                                  
         "An Act extending the termination date of the Alaska                                       
         regional economic assistance program; and providing                                        
         for an effective date."                                                                    
                                                                                                    
HB 86                                                                                             
Message dated May 20 was read, stating the House concurred in the                                   
Senate amendment to CS FOR SPONSOR SUBSTITUTE FOR                                                   
HOUSE BILL NO. 86(JUD) am "An Act relating to state permitted                                       
projects; and providing for an effective date" thus adopting:                                       
                                                                                                    
         SENATE CS FOR CS FOR SPONSOR                                                               
         SUBSTITUTE FOR HOUSE BILL NO. 86(JUD)(efd                                                  
         fld S) "An Act relating to state permitted projects."                                      
         (technical title change)                                                                   
                                                                                                    
HB 118                                                                                            
Message dated May 20 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 118(RES) am, thus                                         
adopting:                                                                                           
                                                                                                    
         SENATE CS FOR CS FOR HOUSE BILL NO.                                                        
         118(L&C) "An Act relating to the transportation and                                        
         sale of certain commercially caught fish by an agent                                       
         of a commercial fishing permit holder and to the sale                                      
         of fish; and providing for an effective date."                                             
                                                                                                    

2003-05-21                     Senate Journal                      Page 1700
HB 135                                                                                            
Message dated May 20 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 135(HES), thus                                            
adopting:                                                                                           
                                                                                                    
         SENATE CS FOR CS FOR HOUSE BILL NO.                                                        
         135(HES) "An Act relating to marital and family                                            
         therapists."                                                                               
                                                                                                    
HB 151                                                                                            
Message dated May 20 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 151(JUD) am, thus                                         
adopting:                                                                                           
                                                                                                    
         SENATE CS FOR CS FOR HOUSE BILL NO.                                                        
         151(L&C) "An Act relating to claims and court                                              
         actions for defects in the design, construction, and                                       
         remodeling of certain dwellings; limiting when                                             
         certain court actions may be brought; and amending                                         
         Rules 79 and 82, Alaska Rules of Civil Procedure."                                         
                                                                                                    
HB 229                                                                                            
Message dated May 20 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 229(FIN) "An Act                                          
relating to special medical parole and to prisoners who are severely                                
medically or cognitively disabled" thus adopting:                                                   
                                                                                                    
         SENATE CS FOR CS FOR HOUSE BILL NO.                                                        
         229(FIN) "An Act relating to special medical parole                                        
         and to prisoners who are severely medically or                                             
         cognitively disabled; relating to a severe acute                                           
         respiratory syndrome control program; and providing                                        
         for an effective date."                                                                    
         (Title change authorized by SCR 15)                                                        
                                                                                                    
HB 257                                                                                            
Message dated May 20 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 257(JUD) am, thus                                         
adopting:                                                                                           
                                                                                                    

2003-05-21                     Senate Journal                      Page 1701
         SENATE CS FOR CS FOR HOUSE BILL NO.                                                        
         257(L&C) "An Act relating to the disclosure                                                
         requirements for real estate licensees, to disciplinary                                    
         action against real estate licensees, to private actions                                   
         and remedies against real estate licensees, and to real                                    
         estate licensee agency, relationships, and duties; and                                     
         providing for an effective date."                                                          
                                                                                                    
HB 313                                                                                            
Message dated May 20 was read, stating the House concurred in the                                   
Senate amendment to HOUSE BILL NO. 313, thus adopting:                                              
                                                                                                    
         HOUSE BILL NO. 313 am S "An Act authorizing a                                              
         pilot program relating to state procurement and the                                        
         use of electronic commerce tools; and providing for                                        
         an effective date."                                                                        
                                                                                                    
Message dated May 21 was read, stating the House passed and                                         
transmitted for consideration:                                                                      
                                                                                                    
                First Reading and Reference of House Bills                                       
                                                                                                    
HB 36                                                                                             
CS FOR HOUSE BILL NO. 36(L&C) am BY THE HOUSE LABOR                                                 
AND COMMERCE COMMITTEE, entitled:                                                                   
                                                                                                    
         "An Act relating to unlawful electronic mail activities                                    
         and making certain electronic mail activities unfair                                       
         methods of competition or unfair or deceptive acts or                                      
         practices under the state's unfair trade practices and                                     
         consumer protection laws; and providing for an                                             
         effective date."                                                                           
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    
Message dated May 21 was read, stating the House passed and                                         
transmitted for consideration:                                                                      
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1702
                      First Reading and Reference of                                             
                            House Resolutions                                                    
                                                                                                    
HCR 24                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 24 BY THE HOUSE                                                     
COMMUNITY AND REGIONAL AFFAIRS COMMITTEE,                                                           
                                                                                                    
         Suspending Rules 24(c), 35, 41(b), and 42(e),                                              
         Uniform Rules of the Alaska State Legislature,                                             
         concerning Senate Bill No. 183, authorizing certain                                        
         boroughs to use revenue collected on an areawide or                                        
         nonareawide basis for economic development.                                                
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                                                                                                    
                             Concur Messages                                                     
                                                                                                    
SB 41                                                                                             
Message dated May 20 was read, stating the House passed and                                         
returned for consideration CS FOR SPONSOR SUBSTITUTE FOR                                            
SENATE BILL NO. 41(FIN) with the following amendment:                                               
                                                                                                    
         CS FOR SPONSOR SUBSTITUTE FOR SENATE                                                       
         BILL NO. 41(FIN) am H "An Act relating to medical                                          
         care and crimes relating to medical care, including                                        
         medical care and crimes relating to the medical                                            
         assistance program, catastrophic illness assistance,                                       
         and medical assistance for chronic and acute medical                                       
         conditions."                                                                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
Senator French called the Senate. The call was satisfied.                                           
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1703
CSSSSB 41(FIN) am H                                                                                 
Shall the Senate concur in the House amendment                                                      
to CSSSSB 41(FIN)?                                                                                  
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                       
41(FIN) am H "An Act relating to medical care and crimes relating to                                
medical care, including medical care and crimes relating to the                                     
medical assistance program, catastrophic illness assistance, and                                    
medical assistance for chronic and acute medical conditions."                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 106                                                                                            
Message dated May 20 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 106(FIN)(efd                                      
fld) with the following amendments:                                                                 
                                                                                                    
                   HOUSE CS FOR CS FOR SENATE BILL NO.                                             
         106(FIN) am H "An Act relating to tires."                                                  
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1704
HCS CSSB 106(FIN) am H                                                                              
Shall the Senate Concur in the House Amendments                                                     
to CSSB 106(FIN)(efd fld)?                                                                          
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR CS FOR SENATE BILL NO. 106(FIN) am H "An                                               
Act relating to tires."                                                                             
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 119                                                                                            
Message dated May 21 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 119(FIN)(efd                                      
fld) "An Act authorizing the Alaska Public Offices Commission to                                    
issue advisory opinions; amending campaign financial disclosure and                                 
reporting requirements, campaign contribution limits, provisions                                    
related to contributions after elections, and provisions related to                                 
unused campaign contributions; providing for expedited consideration                                
of, and modifying procedures for determining, violations of state                                   
election campaign laws; amending the time period within which to file                               
an administrative complaint of a violation of state election campaign                               
laws; amending the definitions of 'express communication' and                                       
'political party' for state election campaigns; amending the registration                           
fee for lobbyists; providing for increased use of electronic filing for                             
reports to the Alaska Public Offices Commission; adding a definition                                
of 'commission' in the regulation of lobbying laws; amending the                                    
requirements for the reporting of financial interests by public officials;                          
adding a definition of 'domestic partner' in the legislative ethics code                            
and in the public official financial disclosure requirements; allowing                              
classified employees to take an active part in political party                                      
management; and making conforming amendments" with the                                              
following amendments:                                                                               
                                                                                                    

2003-05-21                     Senate Journal                      Page 1705
       HOUSE CS FOR CS FOR SENATE BILL NO.                                                          
       119(FIN) am H "An Act authorizing the Alaska Public                                          
       Offices Commission to issue advisory opinions;                                               
       amending campaign financial disclosure and reporting                                         
       requirements, campaign contribution limits, provisions                                       
       related to contributions after elections, and provisions                                     
       related to unused campaign contributions; providing for                                      
       expedited consideration of, and modifying procedures                                         
       for determining, violations of state election campaign                                       
       laws; amending the time period within which to file an                                       
       administrative complaint of a violation of state election                                    
       campaign laws; amending the definitions of 'express                                          
       communication' and 'political party' for state election                                      
       campaigns; amending the registration fee for lobbyists;                                      
       providing for increased use of electronic filing for                                         
       reports to the Alaska Public Offices Commission;                                             
       adding a definition of 'commission' in the regulation of                                     
       lobbying laws; amending the requirements for the                                             
       reporting of financial interests by public officials;                                        
       adding a definition of 'domestic partner' in the                                             
       legislative ethics code and in the public official                                           
       financial disclosure requirements; making conforming                                         
       amendments; and providing for an effective date."                                            
       (technical title change)                                                                     
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 119(FIN) am H                                                                              
Shall the Senate Concur in the House amendments                                                     
to CSSB 119(FIN)(efd fld)?                                                                          
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Taylor                                                                                              

2003-05-21                     Senate Journal                      Page 1706
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR CS FOR SENATE BILL NO. 119(FIN) am H.                                                  
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
HCS CSSB 119(FIN) am H                                                                              
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the effective date clauses failed to be adopted.                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
HOUSE CS FOR CS FOR SENATE BILL NO. 119(FIN) am H(efd                                               
fld) "An Act authorizing the Alaska Public Offices Commission to                                    
issue advisory opinions; amending campaign financial disclosure and                                 
reporting requirements, campaign contribution limits, provisions                                    
related to contributions after elections, and provisions related to                                 
unused campaign contributions; providing for expedited consideration                                
of, and modifying procedures for determining, violations of state                                   
election campaign laws; amending the time period within which to file                               
an administrative complaint of a violation of state election campaign                               
laws; amending the definitions of 'express communication' and                                       
'political party' for state election campaigns; amending the registration                           
fee for lobbyists; providing for increased use of electronic filing for                             
reports to the Alaska Public Offices Commission; adding a definition                                
of 'commission' in the regulation of lobbying laws; amending the                                    
requirements for the reporting of financial interests by public officials;                          
adding a definition of 'domestic partner' in the legislative ethics code                            
and in the public official financial disclosure requirements; and                                   
making conforming amendments" was referred to the Secretary for                                     
enrollment.                                                                                         

2003-05-21                     Senate Journal                      Page 1707
SB 155                                                                                            
Message dated May 20 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 155(RES)                                          
with the following amendment:                                                                       
                                                                                                    
                   HOUSE CS FOR CS FOR SENATE BILL NO.                                             
              155(RLS) "An Act relating to predator control                                        
         programs; and providing for an effective date."                                            
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 155(RLS)                                                                                   
Shall the Senate concur in the House amendment                                                      
to CSSB 155(RES)? Effective Date                                                                    
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Olson,                                          
Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken                                  
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Lincoln                                                  
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 155(RLS) "An Act                                                
relating to predator control programs; and providing for an effective                               
date."                                                                                              
                                                                                                    
Senator Ben Stevens moved that the vote on concurrence be                                           
considered the vote on the effective date clause. Without objection, it                             
was so ordered.                                                                                     
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1708
SB 183                                                                                            
Message dated May 21 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 183(STA)                                          
"An Act authorizing certain boroughs to use revenue collected on an                                 
areawide or nonareawide basis for economic development" with the                                    
following amendments:                                                                               
                                                                                                    
         HOUSE CS FOR CS FOR SENATE BILL NO.                                                        
         183(CRA) am H "An Act relating to municipal                                                
         property taxation in annexed and detached areas; and                                       
         authorizing certain boroughs to use revenue collected                                      
         on an areawide or nonareawide basis for economic                                           
         development; and providing for an effective date."                                         
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments and recommended the body vote "no".                                                      
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 183(CRA) am H                                                                              
Shall the Senate Concur in the House Amendments                                                     
to CSSB 183(STA)?                                                                                   
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Lincoln, Taylor                                          
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Olson,                                          
Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendments.                                                
                                                                                                    
SB 185                                                                                            
Message dated May 20 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 185(FIN)                                          
with the following amendments:                                                                      
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1709
         HOUSE CS FOR CS FOR SENATE BILL NO.                                                        
         185(O&G) am H "An Act providing for a reduction                                            
         of royalty on certain oil produced from Cook Inlet                                         
         submerged land, and for a credit for certain                                               
         exploration expenses against oil and gas properties                                        
         production taxes on oil and gas produced from a lease                                      
         or property in the state."                                                                 
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 185(O&G) am H                                                                              
Shall the Senate concur in the House amendments                                                     
to CSSB 185(FIN)?                                                                                   
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Guess, Ogan, Olson, Seekins,                                   
Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken                                           
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Hoffman, Lincoln                                                
                                                                                                    
Dyson changed from "Nay" to "Yea".                                                                  
Davis changed from "Yea" to "Nay".                                                                  
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR CS FOR SENATE BILL NO. 185(O&G) am H "An                                               
Act providing for a reduction of royalty on certain oil produced from                               
Cook Inlet submerged land, and for a credit for certain exploration                                 
expenses against oil and gas properties production taxes on oil and gas                             
produced from a lease or property in the state."                                                    
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1710
SB 89                                                                                             
Message dated May 20 was read stating, the House has failed to                                      
recede from its amendments to CS FOR SENATE BILL NO. 89(JUD)                                        
am, namely                                                                                          
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 89(RLS)                                                    
     am H "An Act amending the Regulation of Lobbying Act                                           
     and the definition of 'lobbyist' as it applies in the act                                      
     setting standards of conduct for legislators and legislative                                   
     employees; and amending the Regulation of Lobbying                                             
     Act and the legislative standards of conduct to allow a                                        
     lobbyist to give and a person covered by legislative                                           
     standards of conduct to accept tickets to a charity event                                      
     during a legislative session."                                                                 
                                                                                                    
The Speaker has appointed the following members to a Conference                                     
Committee to meet with a like committee from the Senate to consider                                 
the bills:                                                                                          
                                                                                                    
 Representative Rokeberg                                                                            
 Representative McGuire                                                                             
 Representative Guttenberg                                                                          
                                                                                                    
Senator Ben Stevens moved that the Senate rescind its action in failing                             
to concur in the House amendments to CS FOR SENATE BILL NO.                                         
89(JUD) am, namely HOUSE CS FOR CS FOR SENATE BILL NO.                                              
89(RLS) am H.                                                                                       
                                                                                                    
The question being: "Shall the Senate rescind its action in failing to                              
concur in the House amendments to CS FOR SENATE BILL NO.                                            
89(JUD) am?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 89(RLS) am H                                                                               
Shall the Senate Rescind its action in failing to                                                   
concur with the House amendments?                                                                   
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G,                                       
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Absent:  Bunde                                                                                      

2003-05-21                     Senate Journal                      Page 1711
                                                                                                    
and so, the Senate rescinded its action.                                                            
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments to CS FOR SENATE BILL NO. 89(JUD) am, thus                                               
adopting HOUSE CS FOR CS FOR SENATE BILL NO. 89(RLS) am                                             
H.                                                                                                  
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 89(RLS) am H                                                                               
Shall the Senate Concur in the House                                                                
amendments to CSSB 89(JUD) am?                                                                      
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Seekins,                                        
Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken                                           
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Lincoln, Olson                                           
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR CS FOR SENATE BILL NO. 89(RLS) am H "An                                                
Act amending the Regulation of Lobbying Act and the definition of                                   
'lobbyist' as it applies in the act setting standards of conduct for                                
legislators and legislative employees; and amending the Regulation of                               
Lobbying Act and the legislative standards of conduct to allow a                                    
lobbyist to give and a person covered by legislative standards of                                   
conduct to accept tickets to a charity event during a legislative                                   
session."                                                                                           
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SJR 8                                                                                             
Message dated May 20 was read stating, the House has failed to                                      
recede from its amendment to SENATE JOINT RESOLUTION NO.                                            
8, namely:                                                                                          
                                                                                                    
                   HOUSE CS FOR SENATE JOINT RESOLUTION                                            
             NO. 8(JUD) Relating to the division of the Ninth                                      
         Circuit Court of Appeals.                                                                  

2003-05-21                     Senate Journal                      Page 1712
The Speaker has appointed the following members to a Conference                                     
Committee to meet with a like committee from the Senate to consider                                 
the resolution:                                                                                     
                                                                                                    
 Representative McGuire                                                                             
 Representative Anderson                                                                            
 Representative Kapsner                                                                             
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate rescind its action in failing to concur in the House amendment                               
to SENATE JOINT RESOLUTION NO. 8, namely HOUSE CS FOR                                               
SENATE JOINT RESOLUTION NO. 8(JUD) Relating to the division                                         
of the Ninth Circuit Court of Appeals.                                                              
                                                                                                    
The question being: "Shall the Senate rescind its action in failing to                              
concur in the House amendment?" The roll was taken with the                                         
following result:                                                                                   
                                                                                                    
HCS SJR 8(JUD)                                                                                      
Shall Senate rescind its action in failing                                                          
to concur in House amendment to SJR 8?                                                              
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the Senate rescinded its action.                                                            
                                                                                                    
The question being: "Shall the Senate concur in the House amendment                                 
to SENATE JOINT RESOLUTION NO. 8?" The roll was taken with                                          
the following result:                                                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1713
                                                                                                    
HCS SJR 8(JUD)                                                                                      
Shall the Senate Concur in the House                                                                
amendment to SJR 8?                                                                                 
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess,                                    
Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G,                                       
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Nays:  French                                                                                       
                                                                                                    
Guess changed from "Nay" to "Yea".                                                                  
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR SENATE JOINT RESOLUTION NO. 8(JUD)                                                     
Relating to the division of the Ninth Circuit Court of Appeals.                                     
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 18                                                                                             
Message dated May 21 was read, stating the House has failed to                                      
concur in the Senate amendment to CS FOR HOUSE BILL NO.                                             
18(JUD) am "An Act relating to the liability of parents and legal                                   
guardians of minors who destroy property" and respectfully requests                                 
the Senate to recede from its amendment, namely:                                                    
                                                                                                    
         SENATE CS FOR CS FOR HOUSE BILL NO.                                                        
         18(HES) "An Act relating to the liability of parents                                       
         and legal guardians of minors who destroy property;                                        
         and providing for an effective date."                                                      
         (technical title change)                                                                   
                                                                                                    
In the event the Senate fails to recede, the Speaker has appointed the                              
following members to a Conference Committee to meet with a like                                     
committee from the Senate to consider the bills:                                                    
                                                                                                    
 Representative McGuire, Chair                                                                      
 Representative Meyer                                                                               
 Representative Gruenberg                                                                           

2003-05-21                     Senate Journal                      Page 1714
Senator Ben Stevens moved that the Senate recede from its                                           
amendment to CS FOR HOUSE BILL NO. 18(JUD) am.                                                      
                                                                                                    
The question being: "Shall the Senate recede from its amendment to                                  
CS FOR HOUSE BILL NO. 18(JUD) am?" The roll was taken with                                          
the following result:                                                                               
                                                                                                    
SCS CSHB 18(HES)                                                                                    
Shall the Senate Recede from its Amendment                                                          
to CSHB 18(JUD) am?                                                                                 
                                                                                                    
YEAS:  0   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Nays:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the Senate failed to recede from its amendment.                                             
                                                                                                    
The President appointed the following members to a Conference                                       
Committee to meet with the like committee from the House:                                           
                                                                                                    
 Senator Dyson                                                                                      
 Senator Seekins                                                                                    
 Senator Davis                                                                                      
                                                                                                    
                                                                                                    
                              Communications                                                     
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Alaska Seafood Marketing Institute FY 2002 Annual Report                                            
from Ray Riutta, Executive Director                                                                 
in accordance with AS 16.51.100                                                                     
                                                                                                    
Report from the Commissioner of the Department of Administration                                    
dated May 21 was received in accordance with AS 23.40.215, stating                                  
the monetary terms for the collective bargaining agreement reached                                  
between the State and the Masters, Mates, and Pilots.                                               
                                                                                                    

2003-05-21                     Senate Journal                      Page 1715
Report from the Commissioner of the Department of Administration                                    
dated May 21 was received in accordance with AS 23.40.215, stating                                  
the monetary terms for the collective bargaining agreement reached                                  
between the State and the Marine Engineers Beneficial Association.                                  
                                                                                                    
Report from the Commissioner of the Department of Administration                                    
dated May 21 was received, stating the prior administration had                                     
entered into agreements that were not reported to the Legislature as                                
required by AS 23.40.215. Copies and a summary of those agreements                                  
were attached.                                                                                      
                                                                                                    
President Therriault referred the reports to the Legislative Budget and                             
Audit Committee.                                                                                    
                                                                                                    
                                                                                                    
                        Standing Committee Reports                                               
                                                                                                    
HB 111                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
111(JUD) am "An Act relating to policies in telecommunications                                      
regulations; extending the termination date of the Regulatory                                       
Commission of Alaska; and providing for an effective date." Signing                                 
no recommendation: Senators Green, Wilken, Cochairs; Senators                                       
Taylor, Hoffman, Olson. Signing do pass: Senators Bunde, Ben                                        
Stevens.                                                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                        Special Committee Reports                                                
                                                                                                    
HB 18                                                                                             
The Conference Committee considering SENATE CS FOR CS FOR                                           
HOUSE BILL NO. 18(HES) and CS FOR HOUSE BILL NO.                                                    
18(JUD) am "An Act relating to the liability of parents and legal                                   
guardians of minors who destroy property" requests limited powers of                                
free conference on the following specific points:                                                   

2003-05-21                     Senate Journal                      Page 1716
                                                                                                    
         The dollar amount of liability that a parent may be                                        
         liable for if an unemancipated minor knowingly                                             
         destroys real or personal property. The House version                                      
         proposed a $15,000 cap, and the Senate version a                                           
         $25,000 cap. The conference committee is requesting                                        
         the authority to establish a compromise.                                                   
                                                                                                    
Signing the report: Representative McGuire, Chair, Representatives                                  
Meyer, Gruenberg; Senators Dyson, Davis, Seekins                                                    
                                                                                                    
President Therriault granted the Senate members limited powers of                                   
free conference as requested.                                                                       
                                                                                                    
HB 18                                                                                             
The following report was received and distributed at 10:15 p.m., May                                
21, 2003:                                                                                           
                                                            May 21, 2003                            
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE with limited powers of free                                                
conference considered CS FOR HOUSE BILL NO. 18(JUD) am "An                                          
Act relating to the liability of parents and legal guardians of minors                              
who destroy property" and SENATE CS FOR CS FOR HOUSE BILL                                           
NO. 18(HES) "An Act relating to the liability of parents and legal                                  
guardians of minors who destroy property; and providing for an                                      
effective date" (technical title change) and recommends                                             
                                                                                                    
         CONFERENCE CS FOR HOUSE BILL NO. 18 "An                                                    
         Act relating to the liability of parents and legal                                         
         guardians of minors who destroy property; and                                              
         providing for an effective date."                                                          
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Representative McGuire, Chair, Representatives                                  
Meyer, Gruenberg; Senators Dyson, Seekins, Davis;                                                   
                                                                                                    

2003-05-21                     Senate Journal                      Page 1717
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
                                                                                                    
Senator Ben Stevens moved that the Senate adopt the Conference                                      
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                
18.                                                                                                 
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 18                                             
"An Act relating to the liability of parents and legal guardians of                                 
minors who destroy property; and providing for an effective date"?"                                 
The roll was taken with the following result:                                                       
                                                                                                    
CCS HB 18                                                                                           
Adopt Conference Committee Report?                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Ogan, Olson, Seekins, Stevens B, Stevens G,                                         
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Lincoln, Taylor, Therriault                                                                  
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the adoption of the conference committee report be considered                               
the vote on the effective date clause. Without objection, it was so                                 
ordered.                                                                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
HB 75                                                                                             
The following report was received and distributed at 11:52 p.m., May                                
20, 2003:                                                                                           
                                                            May 20, 2003                            
Mr. Speaker:                                                                                        
Mr. President:                                                                                      
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1718
The CONFERENCE COMMITTEE with limited powers of free                                                
conference considered CS FOR SPONSOR SUBSTITUTE FOR                                                 
HOUSE BILL NO. 75(FIN) am(brf sup maj fld) "An Act making                                           
appropriations for the operating and loan program expenses of state                                 
government, for certain programs, and to capitalize funds; and                                      
providing for an effective date" and SENATE CS FOR CS FOR                                           
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN)(brf sup                                               
maj fld S) and recommends                                                                           
                                                                                                    
                   CONFERENCE CS FOR SPONSOR SUBSTITUTE                                            
         FOR HOUSE BILL NO. 75                                                                      
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Representative Harris, Chair; Representative                                    
Williams; Senators Wilken, Green.                                                                   
                                                                                                    
Senator Ben Stevens moved that the Senate adopt the Conference                                      
Committee Report on CONFERENCE CS FOR SPONSOR                                                       
SUBSTITUTE FOR HOUSE BILL NO. 75.                                                                   
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR SPONSOR                                                       
SUBSTITUTE FOR HOUSE BILL NO. 75 "An Act making                                                     
appropriations for the operating and loan program expenses of state                                 
government, for certain programs, and to capitalize funds; and                                      
providing for an effective date"?" The roll was taken with the                                      
following result:                                                                                   
                                                                                                    
CCS SSHB 75                                                                                         
Shall the Senate Adopt the Conference Committee                                                     
Report on SSHB 75?                                                                                  
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    

2003-05-21                     Senate Journal                      Page 1719
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CCS SSHB 75                                                                                         
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the effective date clauses were adopted.                                                    
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
HB 76                                                                                             
The following report was received and distributed at 11:52 p.m., May                                
20, 2003:                                                                                           
                                                                                                    
                                                            May 20, 2003                            
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE with limited powers of free                                                
conference considered CS FOR SPONSOR SUBSTITUTE FOR                                                 
HOUSE BILL NO. 76(FIN) "An Act making appropriations for the                                        
operating and capital expenses of the state's integrated comprehensive                              
mental health program; and providing for an effective date" and                                     
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                                                   
BILL NO. 76(FIN) am S and recommends                                                                
                                                                                                    
                   CONFERENCE CS FOR SPONSOR SUBSTITUTE                                            
         FOR HOUSE BILL NO. 76                                                                      
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Representative Harris, Chair; Representative                                    
Williams; Senators Wilken, Green.                                                                   

2003-05-21                     Senate Journal                      Page 1720
Senator Ben Stevens moved that the Senate adopt the Conference                                      
Committee Report on CONFERENCE CS FOR SPONSOR                                                       
SUBSTITUTE FOR HOUSE BILL NO. 76.                                                                   
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR SPONSOR                                                       
SUBSTITUTE FOR HOUSE BILL NO. 76 "An Act making                                                     
appropriations for the operating and capital expenses of the state's                                
integrated comprehensive mental health program; and providing for an                                
effective date"?" The roll was taken with the following result:                                     
                                                                                                    
CCS SSHB 76                                                                                         
Shall the Senate Adopt the Conference Committee                                                     
Report?           Effective Date                                                                    
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the adoption of the conference committee report be considered                               
the vote on the effective date clause. Without objection, it was so                                 
ordered.                                                                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                Introduction and Reference of Senate Bills                                       
                                                                                                    
SB 231                                                                                            
SENATE BILL NO. 231 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
             "An Act shortening the time periods after which                                       
               certain unclaimed property is presumed to be                                        
         abandoned; and providing for an effective date."                                           
                                                                                                    

2003-05-21                     Senate Journal                      Page 1721
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Revenue                                                           
                                                                                                    
Governor's transmittal letter dated May 20:                                                         
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that would amend AS 34.45, the Uniform                                          
Unclaimed Property Act, to shorten the time periods after which                                     
certain unclaimed property is presumed to be abandoned and must be                                  
transferred to the custody of the state.                                                            
                                                                                                    
Alaska's current unclaimed property statutes are based on the 1981                                  
version of the Uniform Unclaimed Property Act adopted by the                                        
National Conference of Commissioners on Uniform State Laws. That                                    
Act, and Alaska's Act, are intended to prevent people from losing their                             
right to property that is justifiably theirs by requiring that unclaimed                            
property be transferred to the state to act as custodian once the                                   
property is presumed abandoned. In 1995, the uniform law                                            
commissioners revised their Act to streamline the process by which                                  
states deal with unclaimed property and to better protect property                                  
owners.                                                                                             
                                                                                                    
One of the changes proposed in the 1995 revision is a general                                       
shortening of the time periods after which most unclaimed property is                               
presumed to be abandoned and must be transferred to the custody of                                  
the state. Shortening the time period benefits both the state and the                               
owner of the unclaimed property. As the custodian for the unclaimed                                 
property, the property is available to the state as a source of revenue,                            
pending the rightful owner's claim. The rightful owner benefits by                                  
having the property transferred at an earlier date to a perpetual                                   
custodian with the stability to assure that the property will be there                              
when the owner comes forward to claim it.                                                           
                                                                                                    
I urge your early and favorable consideration of the bill.                                          
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1722
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 232                                                                                            
SENATE BILL NO. 232 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
         "An Act relating to federal requirements for                                               
         governmental plan and other qualifications for the                                         
         teachers' retirement system, the public employees'                                         
         retirement system, and the judicial retirement system;                                     
         and providing for an effective date."                                                      
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
Governor's transmittal letter dated May 20:                                                         
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to federal requirements for governmental                               
plan qualifications for the teachers' retirement system, the public                                 
employees' retirement system, and the judicial retirement system, as                                
required by the federal Internal Revenue Service.                                                   
                                                                                                    
This bill also would further implement changes that allow retirement                                
system members to selectively transfer pre-tax money, or make                                       
additional contributions, to repay indebtedness and to purchase                                     
permissible service credits in the Alaska retirement systems. These                                 
changes would allow members to better plan their retirement and to                                  
make their financial future more secure. Taking advantage of such tax                               
law provisions would strengthen the retirement systems in a cost-                                   
effective manner.                                                                                   
                                                                                                    

2003-05-21                     Senate Journal                      Page 1723
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 233                                                                                            
SENATE BILL NO. 233 BY SENATOR ELLIS, entitled:                                                     
                                                                                                    
         "An Act allowing aerial application of pesticides and                                      
         broadcast chemicals only when necessary to protect                                         
         public health; and providing for an effective date."                                       
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Resources Committees.                                                                  
                                                                                                    
SB 234                                                                                            
SENATE BILL NO. 234 BY SENATOR LINCOLN, entitled:                                                   
                                                                                                    
         "An Act relating to secondary student competency                                           
         testing and to school performance designations; and                                        
         providing for an effective date."                                                          
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
SB 235                                                                                            
SENATE BILL NO. 235 BY SENATOR COWDERY, entitled:                                                   
                                                                                                    
         "An Act relating to the airports in Anchorage,                                             
         Fairbanks, and Cold Bay, and establishing the Alaska                                       
         Airport Authority; and providing for an effective                                          
         date."                                                                                     
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
SB 236                                                                                            
SENATE BILL NO. 236 BY SENATOR HOFFMAN, entitled:                                                   
                                                                                                    
         "An Act making appropriations for school                                                   
         construction, renovation, and improvement projects;                                        
         and providing for an effective date."                                                      

2003-05-21                     Senate Journal                      Page 1724
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                      Consideration of the Calendar                                              
                                                                                                    
                      Second Reading of House Bills                                              
                                                                                                    
HB 111                                                                                            
CS FOR HOUSE BILL NO. 111(JUD) am "An Act relating to policies                                      
in telecommunications regulations; extending the termination date of                                
the Regulatory Commission of Alaska; and providing for an effective                                 
date" was read the second time.                                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 111(JUD) am was read the third time.                                          
                                                                                                    
Senator Guess declared a conflict of interest.                                                      
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 111(JUD) am                                        
"An Act relating to policies in telecommunications regulations;                                     
extending the termination date of the Regulatory Commission of                                      
Alaska; and providing for an effective date" pass the Senate?" The roll                             
was taken with the following result:                                                                
                                                                                                    
CSHB 111(JUD) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 111(JUD) am passed the Senate.                                        
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1725
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 209                                                                                            
CS FOR HOUSE BILL NO. 209(RLS) "An Act relating to municipal                                        
property tax adjustments for property affected by a disaster" was read                              
the second time.                                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 209(RLS) will                                     
be on the January 12, 2004 calendar.                                                                
                                                                                                    
HB 226                                                                                            
HOUSE BILL NO. 226 "An Act relating to the sale, offer for sale,                                    
representation, and labeling of food or other agricultural products as                              
organic, and to the state organic certification program; and providing                              
for an effective date" was read the second time.                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
HOUSE BILL NO. 226 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 226 "An Act relating to                                   
the sale, offer for sale, representation, and labeling of food or other                             
agricultural products as organic, and to the state organic certification                            
program; and providing for an effective date" pass the Senate?" The                                 
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1726
HB 226                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, HOUSE BILL NO. 226 passed the Senate.                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 232                                                                                            
HOUSE BILL NO. 232 "An Act relating to mercury classics; and                                        
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Senate Committee Substitute offered on page                                 
1548. Without objection, SENATE CS FOR HOUSE BILL NO.                                               
232(FIN) "An Act relating to contests of skill under the charitable                                 
gaming laws; relating to mercury classics; and providing for an                                     
effective date" (Title change authorized by SCR 16) was adopted.                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE CS FOR HOUSE BILL NO. 232(FIN) was read the third                                            
time.                                                                                               
                                                                                                    
The question being: "Shall SENATE CS FOR HOUSE BILL NO.                                             
232(FIN) "An Act relating to contests of skill under the charitable                                 
gaming laws; relating to mercury classics; and providing for an                                     
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1727
SCS HB 232(FIN)                                                                                     
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G,                                      
Taylor, Wagoner, Wilken                                                                             
                                                                                                    
Nays:  Ogan, Therriault                                                                             
                                                                                                    
and so, SENATE CS FOR HOUSE BILL NO. 232(FIN) passed the                                            
Senate.                                                                                             
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE CONCURRENT RESOLUTION NO. 16 be brought up as a                                              
special order of business. Without objection, it was so ordered.                                    
                                                                                                    
                        Special Order of Business                                                
                                                                                                    
SCR 16                                                                                            
SENATE CONCURRENT RESOLUTION NO. 16, which had been                                                 
held on the Secretary's desk (page 1596), was read the second time and                              
was before the Senate on final passage.                                                             
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 16 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning House Bill No. 232,                                     
relating to mercury classics, pass the Senate?" The roll was taken with                             
the following result:                                                                               
                                                                                                    
SCR 16                                                                                              
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              

2003-05-21                     Senate Journal                      Page 1728
                                                                                                    
and so, SENATE CONCURRENT RESOLUTION NO. 16 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
                                                                                                    
                       Third Reading of House Bills                                              
                                                                                                    
HB 24                                                                                             
CS FOR HOUSE BILL NO. 24(JUD) was read the third time.                                              
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 24(JUD) "An                                        
Act relating to intergovernmental agreements with the federal                                       
government regarding management of fish or game in the state" pass                                  
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
CSHB 24(JUD)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 24(JUD) passed the Senate, was                                        
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 28                                                                                             
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 28(FIN)                                                
was read the third time.                                                                            
                                                                                                    
The question being: "Shall CS FOR SPONSOR SUBSTITUTE FOR                                            
HOUSE BILL NO. 28(FIN) "An Act relating to adjustments to royalty                                   
reserved to the state to encourage otherwise uneconomic production of                               
oil and gas; and providing for an effective date" pass the Senate?" The                             
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1729
CSSSHB 28(FIN)                                                                                      
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                
28(FIN) passed the Senate.                                                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 162                                                                                            
CS FOR HOUSE BILL NO. 162(RLS) am was read the third time.                                          
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 162(RLS) am                                        
"An Act relating to fees adopted by the Department of Natural                                       
Resources under AS 44.37.025 or 44.37.027 and to business license                                   
fees; and providing for an effective date" pass the Senate?" The roll                               
was taken with the following result:                                                                
                                                                                                    
CSHB 162(RLS) am                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, French, Green, Ogan, Seekins, Stevens B,                                     
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Bunde, Davis, Ellis, Elton, Guess, Hoffman, Lincoln, Olson                                   
                                                                                                    
and so, CS FOR HOUSE BILL NO. 162(RLS) am passed the Senate.                                        
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1730
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSHB 162(RLS) am                                                                                    
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the effective date clauses failed to be adopted and CS FOR                                  
HOUSE BILL NO. 162(RLS) am(efd fld S) "An Act relating to fees                                      
adopted by the Department of Natural Resources under AS 44.37.025                                   
or 44.37.027 and to business license fees" was referred to the                                      
Secretary for engrossment.                                                                          
                                                                                                    
HB 195                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 195(L&C) was read                                               
the third time.                                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 195(L&C) "An Act relating to the state health insurance plan; and                               
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSHB 195(L&C)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 195(L&C)                                                
passed the Senate.                                                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1731
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 199                                                                                            
HOUSE BILL NO. 199 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 199 "An Act removing                                      
the annual adjustment to the minimum wage based on the rate of                                      
inflation; and providing for an effective date" pass the Senate?" The                               
roll was taken with the following result:                                                           
                                                                                                    
HB 199                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, HOUSE BILL NO. 199 passed the Senate.                                                       
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clause. The question being: "Shall the effective date clause be                                     
adopted?" The roll was taken with the following result:                                             
                                                                                                    
HB 199                                                                                              
Effective Date Clause                                                                               
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, Elton, Green, Guess, Ogan,                                     
Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner,                                  
Wilken                                                                                              
                                                                                                    
Nays:  Davis, French, Hoffman, Lincoln                                                              
                                                                                                    
and so, the effective date clause was adopted and the bill was signed                               
by the President and Secretary and returned to the House.                                           
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1732
HB 216                                                                                            
CS FOR HOUSE BILL NO. 216(FIN) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 216(FIN) "An                                       
Act relating to and limiting municipal taxation of refined fuel and                                 
wholesale sales of fuel, and to the bulk fuel revolving loan fund" pass                             
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
CSHB 216(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 216(FIN) passed the Senate, was                                       
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 271                                                                                            
CS FOR HOUSE BILL NO. 271(FIN)(efd am) was read the third                                           
time.                                                                                               
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 271(FIN)(efd                                       
am) "An Act levying and providing for the collection and                                            
administration of excise taxes on the rental of passenger and                                       
recreational vehicles usable on highways and vehicular ways; and                                    
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSHB 271(FIN)(efd am)                                                                               
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Taylor                                                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 271(FIN)(efd am) passed the                                           
Senate.                                                                                             

2003-05-21                     Senate Journal                      Page 1733
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSHB 271(FIN)(efd am)                                                                               
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the effective date clauses were adopted and the bill was signed                             
by the President and Secretary and returned to the House.                                           
                                                                                                    
                                                                                                    
                   Second Reading of House Resolutions                                           
                                                                                                    
HJR 27                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) Relating to                                               
support for a federal appropriation for expansion of the Anchorage                                  
Jail, was read the second time.                                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
resolution be advanced to third reading and placed on final passage.                                
Without objection, it was so ordered.                                                               
                                                                                                    
CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) was read the                                              
third time.                                                                                         
                                                                                                    
The question being: "Shall CS FOR HOUSE JOINT RESOLUTION                                            
NO. 27(STA) Relating to support for a federal appropriation for                                     
expansion of the Anchorage Jail, pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1734
CSHJR 27(STA)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens                                   
G, Taylor, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) passed                                            
the Senate, was signed by the President and Secretary and returned to                               
the House.                                                                                          
                                                                                                    
                                                                                                    
                                Citations                                                        
                                                                                                    
Honoring - Jonathon Solomon, Sr.                                                                    
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - The Students and Teachers of Nenana City Public Schools                                  
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - Harvey Hildre                                                                            
Senator(s) Taylor, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Al Sokaitis, History-Making UAF Basketball Coach                                         
Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner                                                                       
                                                                                                    
Honoring - Sister Claire Gagnon                                                                     
Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                   
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    

2003-05-21                     Senate Journal                      Page 1735
Honoring - Jonathan David Talbott                                                                   
Representative(s) Cissna                                                                            
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - Kachemak Emergency Services                                                              
Representative(s) Seaton                                                                            
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - Captain William Furlong                                                                  
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                    
Stevens, Gary Stevens, Taylor, Wagoner, Wilken                                                      
                                                                                                    
Honoring - John Klapperich                                                                          
Representative(s) Gatto                                                                             
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - Doris Dearborn                                                                           
Representative(s) Gatto                                                                             
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
Honoring - Peter Probasco                                                                           
Representative(s) Gatto                                                                             
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - The Heroes of Mentasta Village                                                           
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    

2003-05-21                     Senate Journal                      Page 1736
Honoring - Sergeant James Gallen                                                                    
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
In Memoriam - Kenneth Eugene Showalter                                                              
Senator(s) Taylor, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Ogan, Olson, Lincoln, Seekins, Ben Stevens,                                  
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Michael Murray Pease                                                                  
Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                   
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary                                   
Stevens, Taylor, Wagoner, Wilken                                                                    
Representative(s) Stoltze                                                                           
                                                                                                    
In Memoriam - Ken Lamb                                                                              
Representative(s) Rokeberg                                                                          
Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Gary                                   
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
In Memoriam - Quentin Leslie Johnson                                                                
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
In Memoriam - John T. Wolfe, Sr.                                                                    
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                    
Stevens, Gary Stevens, Taylor, Wilken                                                               
                                                                                                    
In Memoriam - Joel L. Wilkins                                                                       
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                    
Stevens, Gary Stevens, Taylor, Wilken                                                               

2003-05-21                     Senate Journal                      Page 1737
In Memoriam - Eleanor June Smith                                                                    
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                    
Stevens, Gary Stevens, Taylor, Wilken                                                               
                                                                                                    
In Memoriam - Hassien Allon Sliman                                                                  
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                    
Stevens, Gary Stevens, Taylor, Wilken                                                               
                                                                                                    
In Memoriam - Lawanda Lee Davidson                                                                  
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                    
Stevens, Gary Stevens, Taylor, Wilken                                                               
                                                                                                    
In Memoriam - Alta Mae "Georgia" Baker McConnell Bruce                                              
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben                                    
Stevens, Gary Stevens, Taylor, Wilken                                                               
                                                                                                    
In Memoriam - Bernard "Benn" Guild                                                                  
Representative(s) Stoltze                                                                           
Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                   
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
In Memoriam - Jeremy Jay Faga                                                                       
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
In Memoriam - Harry L. Hutchison                                                                    
Representative(s) Holm                                                                              
Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner                                                                       

2003-05-21                     Senate Journal                      Page 1738
In Memoriam - "Jean and Mac" Mackin                                                                 
Representative(s) Holm                                                                              
Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner                                                                       
                                                                                                    
In Memoriam - Robert Arthur Merdes                                                                  
Representative(s) Holm                                                                              
Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner                                                                       
                                                                                                    
In Memoriam - Nadine Price                                                                          
Representative(s) Samuels                                                                           
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
following citations be made a special order of business. Without                                    
objection, it was so ordered.                                                                       
                                                                                                    
                        Special Order of Business                                                
                                                                                                    
Honoring - Jessica Hendricks, 2003 Iditarod Rookie of the Year                                      
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - Title Wave Books                                                                         
Senator(s) Ellis, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1739
Honoring - Colby Ryan Morris, Eagle Scout Award                                                     
Representative(s) Dahlstrom                                                                         
Senator(s) Dyson, Therriault, Bunde, Cowdery, Davis, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Honoring - Peter Atchak, Community Safety Award                                                     
Representative(s) Kapsner                                                                           
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                    
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
Honoring -Mike Husa, for Bravery                                                                    
Representative(s) Kapsner                                                                           
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                    
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
Honoring -- Abraham Michael Salmon                                                                  
Representative(s) Kohring                                                                           
Senator(s) Green, Therriault, Cowdery, Davis, Dyson, Elton, Guess,                                  
Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary Stevens,                                  
Taylor, Wilken, Wagoner                                                                             
                                                                                                    
Honoring - Susan Taylor                                                                             
Representative(s) Kapsner                                                                           
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                    
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
Honoring - John Oscar                                                                               
Representative(s) Kapsner                                                                           
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                    
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
In Memoriam - Rosie Lankard                                                                         
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1740
In Memoriam -- Charles Harrison Brewster                                                            
Senator(s) Bunde, Therriault, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens, Gary                                    
Stevens, Taylor, Wilken, Wagoner                                                                    
                                                                                                    
In Memoriam - John Christopher Gregory                                                              
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
In Memoriam - Theodore Anthony Littlefield                                                          
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Ogan, Olson, Seekins, Ben Stevens, Gary                                      
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
In Memoriam - Charlie Karl, Sr. "Tariuralria"                                                       
Representative(s) Kapsner                                                                           
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                    
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
In Memoriam - Gasper (Gus) Caterinichio                                                             
Representative(s) Berkowitz                                                                         
Senator(s) French, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Ben Stevens,                                  
Gary Stevens, Taylor, Wagoner, Wilken                                                               
                                                                                                    
In Memoriam - George Kozmetsky                                                                      
Representative(s) McGuire                                                                           
Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Gary                                   
Stevens, Taylor, Wagoner, Wilken                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate return to messages from the House. Without objection, the                                    
Senate returned to:                                                                                 
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1741
                         Messages from the House                                                 
                                                                                                    
                             Concur Messages                                                     
                                                                                                    
SB 100                                                                                            
Message dated May 21 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 100(FIN)(brf                                      
sup maj fld)(efd fld) "An Act making capital appropriations,                                        
supplemental appropriations, and reappropriations; capitalizing funds;                              
and making other appropriations" with the following amendments:                                     
                                                                                                    
         HOUSE CS FOR CS FOR SENATE BILL NO.                                                        
         100(FIN) am H(brf sup maj fld H) "An Act making                                            
         capital appropriations, supplemental appropriations,                                       
         and reappropriations; capitalizing funds; making                                           
         other appropriations; and providing for an effective                                       
         date." (technical title change)                                                            
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 100(FIN)am H(brf sup maj fld H)                                                            
Shall the Senate Concur in the House amendments to                                                  
CSSB 100(FIN)(brf sup maj fld)(efd fld)?                                                            
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR CS FOR SENATE BILL NO. 100(FIN)am H(brf                                                
sup maj fld H).                                                                                     
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses. The question being: "Shall the effective date clauses be                                   
adopted?" The roll was taken with the following result:                                             
                                                                                                    

2003-05-21                     Senate Journal                      Page 1742
HCS CSSB 100(FIN)am H(brf sup maj fld H)                                                            
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor,                                 
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Hoffman                                                                                      
                                                                                                    
and so, the effective date clauses were adopted.                                                    
                                                                                                    
Senator Ben Stevens moved for the adoption of the constitutional                                    
budget reserve fund section.                                                                        
                                                                                                    
The question being: "Shall the constitutional budget reserve fund                                   
section be adopted?" The roll was taken with the following result:                                  
                                                                                                    
HCS CSSB 100(FIN)am H(brf sup maj fld H)                                                            
Adopt Constitutional Budget Reserve                                                                 
Fund Section?                                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Taylor, Therriault, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the constitutional budget reserve fund section failed to be                                 
adopted.                                                                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
HOUSE CS FOR CS FOR SENATE BILL NO. 100(FIN)am H(brf                                                
sup maj fld H) was referred to the Secretary for enrollment.                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1743
                               Engrossment                                                       
                                                                                                    
HB 9                                                                                              
SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) "An Act                                                  
relating to the registration of individuals who perform home                                        
inspections; relating to regulation of contractors; relating to                                     
registration fees for specialty contractors, home inspectors, and                                   
associate home inspectors; relating to home inspection requirements                                 
for residential loans purchased or approved by the Alaska Housing                                   
Finance Corporation; relating to civil actions by and against home                                  
inspectors and to civil actions arising from residential unit inspections;                          
repealing a law that limits liability for damages based on a duty to                                
inspect a residential unit to damages caused by gross negligence or                                 
intentional misconduct; and providing for an effective date" was                                    
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
HB 145                                                                                            
CS FOR HOUSE BILL NO. 145(FIN)(efd fld S) "An Act prohibiting                                       
discrimination in the awarding of attorney fees and costs in civil                                  
actions or appeals to or against, or in the posting of bonds or other                               
security by, public interest litigants; and relating to awards of attorney                          
fees and costs in cases involving enforcement of constitutional rights"                             
was engrossed, signed by the President and Secretary and returned to                                
the House.                                                                                          
                                                                                                    
HB 162                                                                                            
CS FOR HOUSE BILL NO. 162(RLS) am(efd fld S) "An Act relating                                       
to fees adopted by the Department of Natural Resources under AS                                     
44.37.025 or 44.37.027 and to business license fees" was engrossed,                                 
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 195                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 195(L&C) "An Act                                                
relating to the state health insurance plan; and providing for an                                   
effective date" was engrossed, signed by the President and Secretary                                
and returned to the House for consideration.                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-21                     Senate Journal                      Page 1744
HB 232                                                                                            
SENATE CS FOR HOUSE BILL NO. 232(FIN) "An Act relating to                                           
contests of skill under the charitable gaming laws; relating to mercury                             
classics; and providing for an effective date" was engrossed, signed by                             
the President and Secretary and returned to the House for                                           
consideration.                                                                                      
                                                                                                    
HB 243                                                                                            
CS FOR HOUSE BILL NO. 243(STA)(efd fld S) "An Act establishing                                      
state agency program performance management and audit powers in                                     
the Office of the Governor for the evaluation of agency programs" was                               
engrossed, signed by the President and Secretary and returned to the                                
House.                                                                                              
                                                                                                    
HB 245                                                                                            
CS FOR HOUSE BILL NO. 245(JUD) am S "An Act relating to                                             
certain suits and claims by members of the military services; relating                              
to certain suits and claims regarding acts or omissions of the organized                            
militia; relating to workers' compensation and death benefits for                                   
members of the organized militia; relating to liability arising out of                              
certain search and rescue, civil defense, fire management, and fire                                 
fighting activities" was engrossed, signed by the President and                                     
Secretary and returned to the House for consideration.                                              
                                                                                                    
SCR 16                                                                                            
SENATE CONCURRENT RESOLUTION NO. 16 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 232, relating to mercury                                     
classics, was engrossed, signed by the President and Secretary and                                  
transmitted to the House for consideration.                                                         
                                                                                                    
                                                                                                    
                               Adjournment                                                       
                                                                                                    
Senator Guess moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., January 12, 2004. Without                                    
objection, the Senate adjourned at 11:57 p.m.                                                       
                                                                                                    
                                                             Kirsten Waid                           
                                                   Secretary of the Senate                          
                                                                                                    
                                                                May 2003