Legislature(2003 - 2004)

2004-02-06 Senate Journal

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2004-02-06                     Senate Journal                      Page 2079
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                      Friday                 February 6, 2004                       
                                                                                                    
                               Twenty-sixth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 10:11 a.m.                                                                            
                                                                                                    
The roll showed fourteen members present. Senators Davis, Ellis,                                    
Guess, Hoffman, Lincoln, Stedman were excused from a call of the                                    
Senate.                                                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Thomas Matthews of                                   
the Douglas Island Bible Church. Senator Olson moved and asked                                      
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          In honest respect for the many religious beliefs that                                     
          are represented here today, I do invite you to join                                       
          with me in a time of prayer. Let us pray.                                                 
                                                                                                    
          Dear Lord:                                                                                
                                                                                                    
          I sit in awe of You. As the creator of the universe, as                                   
          the one who put all things into motion, it is amazing                                     
          to me that You are still interested in what goes on                                       
          here in these chambers today. Your Holy Word tells                                        
          us that You are indeed active in the affairs of man.                                      
          You do not just sit on the outside looking in, but You                                    
          are at work in our lives.                                                                 
                                                                                                    
          I thank You, Lord, for the state of Alaska. What a                                        
          beautiful representation of Your power. The flowing                                       
          rivers, the awesome mountains, the abundant                                               
          wildlife; these are all gifts that You have given us to                                   
          enjoy. Thank You for allowing us to live in such a                                        
          grand display of Your power.                                                              

2004-02-06                     Senate Journal                      Page 2080
          I pray today for this gathering of Senate                                                 
          representatives. They have a great responsibility to                                      
          make just and right decisions before You and before                                       
          their constituents. I pray that You would help them to                                    
          represent each of their districts well as they are the                                    
          voice of the people into this assembly. I pray for                                        
          them to have wisdom and clarity of mind as these                                          
          important matters are discussed.                                                          
                                                                                                    
          In the name of Jesus Christ, we lift this prayer today.                                   
          Amen.                                                                                     
                                                                                                    
Senator Therriault led the Senate in the Pledge of Allegiance.                                      
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journals for the twenty-fourth and twenty-fifth legislative days and                                
Senate and House Joint Journal Supplement No. 12 be approved as                                     
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 183                                                                                            
Message dated February 5 was read, stating the House receded from                                   
its amendment to:                                                                                   
                                                                                                    
          CS FOR SENATE BILL NO. 183(STA)                                                           
                                                                                                    
namely,                                                                                             
                                                                                                    
          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."                                        
                                                                                                    

2004-02-06                     Senate Journal                      Page 2081
thus adopting:                                                                                      
                                                                                                    
          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."                                                                             
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Messages dated February 4 and 5 were read, stating the House passed                                 
and transmitted for consideration:                                                                  
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HJR 5                                                                                             
HOUSE JOINT RESOLUTION NO. 5 BY REPRESENTATIVES                                                     
WILLIAMS, Meyer, Kapsner, Wilson,                                                                   
                                                                                                    
              Proposing an amendment to the Constitution of the                                    
            State of Alaska relating to initiative and referendum                                  
          petitions.                                                                                
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 31                                                                                             
HOUSE BILL NO. 31 BY REPRESENTATIVES WILLIAMS,                                                      
Meyer, Morgan, entitled:                                                                            
                                                                                                    
                "An Act relating to initiative and referendum                                      
          petitions; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                                                                                                    

2004-02-06                     Senate Journal                      Page 2082
HB 93                                                                                             
CS FOR HOUSE BILL NO. 93(FIN) BY THE HOUSE FINANCE                                                  
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to boating safety, registration, and                                     
          numbering; extending the sunset date of changes in                                        
          ch. 28, SLA 2000; and providing for an effective                                          
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Transportation, State Affairs                           
and Finance Committees.                                                                             
                                                                                                    
HB 374                                                                                            
CS FOR HOUSE BILL NO. 374(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act establishing the senior care program and                                          
          relating to that program; creating a new fund for the                                     
          provision of senior services; relating to aid to senior                                   
          citizens; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following report is on file in the Office of the Secretary of the                               
Senate:                                                                                             
                                                                                                    
Report from the Commissioner of the Department of Administration                                    
dated February 3 was received, stating the monetary terms for the                                   
collective bargaining agreement reached between the state and the                                   
International Organization of Masters, Mates and Pilots, PMR, in                                    
accordance with AS 23.40.215.                                                                       
                                                                                                    
President Therriault referred the report to the Finance Committee.                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-02-06                     Senate Journal                      Page 2083
                          Standing Committee Reports                                             
                                                                                                    
SB 201                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 201 "An Act relating to home care and respite                                       
care; and providing for an effective date" and recommended it be                                    
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 201(HES)                                                           
                                                                                                    
Signing do pass: Senator Dyson, Chair; Senators Green, Wilken.                                      
Signing no recommendation: Senator Guess.                                                           
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Law                                                         
 Fiscal Note No. 3, zero, Department of Public Safety                                               
 Fiscal Note No. 4, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 265                                                                                            
The Resources Committee considered SENATE BILL NO. 265 "An                                          
Act relating to the schedule of proposed oil and gas lease sales and to a                           
related report to the legislature; and providing for an effective date"                             
and recommended it be replaced with                                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 265(RES)                                                           
                                                                                                    
Signing do pass: Senator Ogan, Chair; Senators Seekins, Wagoner,                                    
Dyson, Elton. Signing amend: Senator Ben Stevens.                                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 266                                                                                            
The Resources Committee considered SENATE BILL NO. 266 "An                                          
Act approving an interim classification by the commissioner of natural                              
resources closing certain land within the area of the proposed Bristol                              

2004-02-06                     Senate Journal                      Page 2084
Bay (Alaska Peninsula) competitive oil and gas areawide lease sale to                               
oil and gas exploration licensing and shallow natural gas leasing; and                              
providing for an effective date." Signing do pass: Senator Ogan, Chair;                             
Senators Seekins, Ben Stevens, Wagoner, Dyson, Elton.                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 25                                                                                            
SENATE JOINT RESOLUTION NO. 25 BY SENATOR OLSON,                                                    
                                                                                                    
          Recommending that certain federal funding                                                 
          restrictions be eased so that more villages in Alaska                                     
          would qualify for assistance relating to flooding and                                     
          erosion.                                                                                  
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and State Affairs Committees.                                                               
                                                                                                    
SJR 26                                                                                            
SENATE JOINT RESOLUTION NO. 26 BY SENATOR                                                           
WAGONER,                                                                                            
                                                                                                    
          Requesting the United States Department of the                                            
          Interior and the United States Department of Justice                                      
          to appeal the decision of the United States Court of                                      
          Appeals for the Ninth Circuit in The Wilderness                                           
          Society v. United States Fish and Wildlife Service                                        
          and to seek an emergency stay of the decision                                             
          pending an appeal of the decision to the United States                                    
          Supreme Court.                                                                            
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    

2004-02-06                     Senate Journal                      Page 2085
SJR 27                                                                                            
SENATE JOINT RESOLUTION NO. 27 BY SENATOR SEEKINS,                                                  
                                                                                                    
          Relating to the resolution of submerged land title                                        
          disputes.                                                                                 
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 295                                                                                            
SENATE BILL NO. 295 BY SENATOR THERRIAULT, entitled:                                                
                                                                                                    
          "An Act extending the termination date of the                                             
          Navigable Waters Commission for Alaska; and                                               
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 296                                                                                            
SENATE BILL NO. 296 was introduced February 4 (page 2069).                                          
                                                                                                    
SB 297                                                                                            
SENATE BILL NO. 297 BY SENATOR SEEKINS, entitled:                                                   
                                                                                                    
          "An Act relating to the taking of black bear, brown                                       
          bear, and grizzly bear and to registration of big game                                    
          guides for certain guide use areas."                                                      
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 298                                                                                            
SENATE BILL NO. 298 BY SENATOR SEEKINS, entitled:                                                   
                                                                                                    
          "An Act repealing the ban on the use of off-road                                          
          vehicles within five miles of the right-of-way of the                                     
          James Dalton Highway."                                                                    

2004-02-06                     Senate Journal                      Page 2086
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
SB 299                                                                                            
SENATE BILL NO. 299 BY THE LABOR AND COMMERCE                                                       
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to a charge for a bad check."                                            
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
SB 300                                                                                            
SENATE BILL NO. 300 BY SENATOR STEDMAN, entitled:                                                   
                                                                                                    
          "An Act relating to an attorney's lien, to court                                          
          actions, and to other proceedings where attorneys are                                     
          employed."                                                                                
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 301                                                                                            
SENATE BILL NO. 301 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to the Alaska Pioneers' Home, and                                        
          the Alaska Veterans' Home; relating to eligibility for                                    
          admission to the Alaska Pioneers' Home and Alaska                                         
          Veterans' Home; relating to state veterans' home                                          
          facilities; making conforming amendments; and                                             
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Health and Social Services                                        
                                                                                                    
Governor's transmittal letter dated February 4:                                                     

2004-02-06                     Senate Journal                      Page 2087
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill relating to the Alaska Pioneers'                             
Home (APH) and Alaska Veterans' Home (AVH).                                                         
                                                                                                    
The purpose of the bill is two-fold: to authorize the establishment of                              
an AVH under the umbrella of our existing APH system and to                                         
provide long-term financial stability for both our AVH and APH                                      
programs.                                                                                           
                                                                                                    
For over a decade, the State of Alaska has struggled to develop a                                   
viable plan for an AVH. The time has come to move beyond planning                                   
to make an AVH a reality. With passage of this bill, the state would                                
have clear statutory authority to serve veterans within the APH system                              
by identifying one or more homes as an AVH consistent with the                                      
requirements of the United States Veterans' Administration.                                         
                                                                                                    
In addition, the bill would require that, as a condition for receipt of                             
assistance to pay the cost of care in a home, a home resident could be                              
required to apply for other state or federally sponsored programs                                   
whose benefits could reduce the amount of that assistance.                                          
                                                                                                    
Taken together, these changes are designed to ensure the sustainability                             
of the APH and AVH system over the long-term. Additional federal                                    
and other third-party payments are critical in order to maintain the                                
high quality of care the homes provide and home residents expect and                                
deserve. Over time, the Department of Health and Social Services is                                 
optimistic that several millions of dollars of additional resources can                             
be obtained in third-party reimbursements annually to support                                       
operation of the homes.                                                                             
                                                                                                    
In the absence of additional third-party receipts, the APH and the                                  
AVH would remain unduly dependent on state general fund support                                     
and resident fees. Given the state's ongoing fiscal constraints and the                             
impracticality of requiring home residents to pay for the full cost of                              
care, failure to adopt the measures included in this bill may well                                  
jeopardize the APH and AVH over the long term.                                                      
                                                                                                    
                                                                                                    

2004-02-06                     Senate Journal                      Page 2088
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 302                                                                                            
SENATE BILL NO. 302 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to the authority to take oaths,                                          
          affirmations, and acknowledgments in the state;                                           
          relating to notaries public; relating to fees for issuing                                 
          certificates with the seal of the state affixed; and                                      
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Office of the Governor                                                          
                                                                                                    
Governor's transmittal letter dated February 4:                                                     
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill relating to the authority to take                            
oaths, affirmations, and acknowledgements in the state to notaries                                  
public, and to fees for issuing certificates with the seal of the state                             
affixed.                                                                                            
                                                                                                    
The primary purpose of the bill is to comprehensively update AS                                     
44.50, the chapter that governs notaries public, which includes among                               
its provisions qualifications to become a notary public, duties of                                  
notaries public, and liability in the event of misconduct or neglect. AS                            
44.50 has not been comprehensively revised since it was enacted in                                  
1961. Sections 6-13 of the bill would repeal obsolete provisions,                                   
update antiquated language, and add new provisions where needed.                                    

2004-02-06                     Senate Journal                      Page 2089
Similarly, sections 2-4 of the bill would update statutes in AS 09, the                             
Alaska civil code, relating to notaries' responsibilities when                                      
notarizing, verifying, and acknowledging signed instruments.                                        
                                                                                                    
In addition, section 1 of the bill would conform the oath, affirmation,                             
and acknowledgement statute at AS 09.63.010 to existing law. Section                                
5 of the bill would update a statute authorizing the Lieutenant                                     
Governor to collect fees for the issuance of certificates with the seal of                          
the state affixed, increasing the fee to $5 per certificate. Section 14 of                          
the bill provides applicability provisions.                                                         
                                                                                                    
A more detailed description of the bill is found in a sectional analysis                            
of the bill available from the office of the Lieutenant Governor.                                   
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 303                                                                                            
SENATE BILL NO. 303 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT                                                      
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to the Big Game Commercial                                               
          Services Board and to the regulation of big game                                          
          hunting services and transportation services; and                                         
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 304                                                                                            
SENATE BILL NO. 304 BY SENATOR FRENCH, entitled:                                                    
                                                                                                    
             "An Act relating to public health; and providing for                                  
          an effective date."                                                                       
                                                                                                    

2004-02-06                     Senate Journal                      Page 2090
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
SB 305                                                                                            
SENATE BILL NO. 305 BY SENATOR THERRIAULT, entitled:                                                
                                                                                                    
               "An Act relating to state ownership of submerged                                    
             land underlying water that was navigable at the time                                  
          Alaska achieved statehood."                                                               
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 306                                                                                            
SENATE BILL NO. 306 BY SENATORS SEEKINS, Dyson, Green,                                              
entitled:                                                                                           
                                                                                                    
               "An Act relating to the practice of naturopathic                                    
          medicine; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 270                                                                                            
SENATE BILL NO. 270 "An Act establishing November as                                                
Avalanche Awareness Month" was read the second time.                                                
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE BILL NO. 270 was read the third time.                                                        
                                                                                                    
Senators Wilken, Cowdery, Ben Stevens, Ogan, French, Dyson, Gary                                    
Stevens, Wagoner, Seekins, Elton, Therriault moved and asked                                        
unanimous consent to be shown as cosponsors on the bill. Without                                    
objection, it was so ordered.                                                                       

2004-02-06                     Senate Journal                      Page 2091
The question being: "Shall SENATE BILL NO. 270 "An Act                                              
establishing November as Avalanche Awareness Month" pass the                                        
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SB 270                                                                                              
Third Reading - Final Passage                                                                       
YEAS:  13   NAYS:  0   EXCUSED:  6   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, French, Green, Ogan, Seekins,                                  
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Excused:  Davis, Ellis, Guess, Hoffman, Lincoln, Stedman                                            
                                                                                                    
Absent:  Olson                                                                                      
                                                                                                    
and so, SENATE BILL NO. 270 passed the Senate and was referred to                                   
the Secretary for engrossment.                                                                      
                                                                                                    
                                  Citations                                                      
                                                                                                    
In Memoriam - Albert O'Neal Boxx                                                                    
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens, Gary                                        
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Willie Virgle Sims, Sr.                                                               
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens, Gary                                        
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Annie Pearl Pollard                                                                   
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens, Gary                                        
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Charles Edwin Saunders                                                                
Representative(s) Ogg                                                                               
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben                                        
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
                                                                                                    
                                                                                                    

2004-02-06                     Senate Journal                      Page 2092
In Memoriam - Ivar Wallin                                                                           
Representative(s) Ogg                                                                               
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben                                        
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Oscar Reese Swanson "Boo Boo"                                                         
Representative(s) Foster                                                                            
Senator(s) Olson, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Ruth Burnett                                                                          
Representative(s) Holm                                                                              
Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner                                                                               
                                                                                                    
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 citation be made a special order of business. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    
                          Special Order of Business                                              
                                                                                                    
Honoring - Tom Wardleigh                                                                            
Senator(s) Olson, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citation be adopted. Without objection, the citation was adopted and                                
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-02-06                     Senate Journal                      Page 2093
                             Unfinished Business                                                 
                                                                                                    
Memorandum dated February 4 was received, stating President                                         
Therriault made the following appointments:                                                         
                                                                                                    
Pacific Fisheries Legislative Task Force                                                          
 Senator Elton                                                                                      
 Senator Wagoner, Alternate                                                                         
                                                                                                    
Western Legislative Forestry Task Force                                                           
 Senator Stedman                                                                                    
 Senator Wagoner                                                                                    
                                                                                                    
Senate Special Committee on World Trade and State/Federal                                         
Relations                                                                                         
 Senator Wagoner                                                                                    
                                                                                                    
Senator Dyson moved and asked unanimous consent to be excused                                       
from a call of the Senate from plane time, February 26 to plane time,                               
February 29. Without objection, Senator Dyson was excused.                                          
                                                                                                    
Senator Wagoner moved and asked unanimous consent to be excused                                     
from a call of the Senate from plane time, February 12 to plane time,                               
February 16. Without objection, Senator Wagoner was excused.                                        
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 270                                                                                            
SENATE BILL NO. 270 "An Act establishing November as                                                
Avalanche Awareness Month" was engrossed, signed by the President                                   
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
                                                                                                    
                                                                                                    

2004-02-06                     Senate Journal                      Page 2094
                                  Enrollment                                                     
                                                                                                    
SB 173                                                                                            
SENATE BILL NO. 173(efd fld) "An Act repealing statutes pertaining                                  
to the Alaska Science and Technology Foundation and transferring                                    
money in the foundation's endowment; repealing statutes relating to                                 
the BIDCO assistance program; repealing statutes pertaining to the                                  
international trade and business endowment and transferring money in                                
the international trade and business endowment; transferring oversight                              
administration of outstanding Alaska Science and Technology                                         
Foundation loans and grants to the Alaska Industrial Development and                                
Export Authority; establishing an Alaska BIDCO assistance program                                   
to be administered by the Department of Community and Economic                                      
Development; and making conforming amendments" was enrolled,                                        
signed by the President and Secretary, Speaker and Chief Clerk and                                  
the engrossed and enrolled copies transmitted to the Office of the                                  
Governor at 2:21 p.m., February 6, 2004.                                                            
                                                                                                    
Memorandum from Division of Legal Services, Legislative Affairs                                     
Agency, was received, reporting the following manifest errors in                                    
SENATE BILL NO. 173(efd fld), which have been corrected in                                          
enrolling:                                                                                          
                                                                                                    
Page 6, lines 19 - 24:                                                                              
         Place the definitions in alphabetical order and correct the                               
       paragraph numbering and punctuation accordingly.                                             
                                                                                                    
Page 9, line 23, following "* Sec. 9":                                                            
      Insert "The uncodified law of the State of Alaska is amended by                               
      adding a new section to read:                                                                 
   TRANSITION: ALASKA SCIENCE AND TECHNOLOGY                                                        
   ENDOWMENT."                                                                                      
                                                                                                    
Page 9, line 25, following "* Sec. 10":                                                           
 Insert "The uncodified law of the State of Alaska is amended by                                    
 adding a new section to read:                                                                      
  TRANSITION: INTERNATIONAL TRADE AND BUSINESS                                                      
  ENDOWMENT."                                                                                       
                                                                                                    
                                                                                                    

2004-02-06                     Senate Journal                      Page 2095
                          Engrossment and Enrollment                                             
                                                                                                    
SR 2                                                                                              
SENATE RESOLUTION NO. 2 Recognizing February 6, 2004, as                                            
Ronald Reagan Day in Alaska, was engrossed and enrolled, signed by                                  
the President and the engrossed and enrolled copies transmitted to the                              
Office of the Governor at 2:21 p.m., February 6, 2004.                                              
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., February 9, 2004.                                     
Without objection, the Senate adjourned at 10:55 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                               February 2004                        

2004-02-06                     Senate Journal                      Page 2096
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
Feb 06        Friday                       Fahrenkamp 203             1:30 PM                     
              -- Rescheduled to 02/09/04 --                                                         
= SB 260 METROPOLITAN PLANNING ORGANIZATIONS                                                        
                                                                                                    
Feb 09        Monday                       Fahrenkamp 203             1:30 PM                     
              -- Rescheduled from 02/06/04 --                                                       
+ SB 260 METROPOLITAN PLANNING ORGANIZATIONS                                                        
                                                                                                    
Feb 11        Wednesday                    Fahrenkamp 203             1:30 PM                     
+ SB 269 PARENT ACCESS TO CHILD'S LIBRARY RECORDS                                                   
                                                                                                    
Feb 13        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Feb 06        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 09        Monday                    Senate Finance 532          10:00 AM                      
              -- Time Change --                                                                     
= HB 374 SENIORCARE                                                                                 
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    

2004-02-06                     Senate Journal                      Page 2097
                             FINANCE (continued)                                                 
                                                                                                    
Feb 10        Tuesday                   Senate Finance 532            9:00 AM                     
              Department FY04 Status Reports:                                                       
              Education and Early Development                                                       
              Labor and Workforce Development                                                       
              Transportation and Public Facilities                                                  
              Environmental Conservation                                                            
              Fish and Game                                                                         
              Natural Resources                                                                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 11        Wednesday                 Senate Finance 532            9:00 AM                     
= SB 136 RESIDENTIAL PROPERTY TAX EXEMPTION                                                         
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 12        Thursday                  Senate Finance 532            9:00 AM                     
              Department FY04 Status Reports:                                                       
              Health and Social Services                                                            
              Corrections                                                                           
              Law                                                                                   
              Military and Veterans Affairs                                                         
              Public Safety                                                                         
              Administration                                                                        
              Community & Economic Development                                                      
              Revenue                                                                               
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 13        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Feb 09        Monday                          Butrovich 205           1:30 PM                     
+ SB 285 MEDICAL ASSISTANCE COVERAGE                                                                
+ SB 288 EMERGENCY CHILD CUSTODY PLACEMENT                                                          
+ SB 289 EXTENDING THE SPECIAL ED SERVICE AGENCY                                                    
+= SB 277 STUDENT LOAN PROGRAMS                                                                     
+             Bills Previously Heard/If Necessary                                                   
                                                                                                    
Feb 11        Wednesday                       Butrovich 205           1:30 PM                     
+             Bills Previously Heard/If Necessary                                                   

2004-02-06                     Senate Journal                      Page 2098
                                  JUDICIARY                                                      
                                                                                                    
Feb 06        Friday                          Butrovich 205           8:00 AM                     
+ SB 217 GENETIC PRIVACY                                                                            
+= SB 203 OFFICE OF ADMINISTRATIVE HEARINGS                                                         
                                                                                                    
Feb 09        Monday                          Butrovich 205           8:00 AM                     
+ SB 300 ATTORNEY'S LIEN                                                                            
+= SJR 18 CONST. AM: PF APPROPS/INFLATION-PROOFING                                                  
+= SJR 19 CONST. AM: PERMANENT FUND INCOME                                                          
                                                                                                    
Feb 11        Wednesday                       Butrovich 205           8:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 13        Friday                          Butrovich 205           8:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Feb 10        Tuesday                               Beltz 211         1:30 PM                     
+ SB 291 UNSTAMPED CIGARETTES                                                                       
              Senate Bill:                                                                          
+             Workers Compensation System & AIGA Improvements                                       
              <Pending Introduction and Referral>                                                   
+= SB 276 ALASKA INSURANCE GUARANTY ASSOCIATION                                                     
+= SB 273 ASMI BOARD/ SEAFOOD TAXES & ASSESSMENTS                                                   
                                                                                                    
Feb 12        Thursday                              Beltz 211         1:30 PM                     
+ SB 286 DIRECT MARKETING FISHERIES BUSINESS                                                        
+ SB 278 LABOR & WORKFORCE DEVELOPMENT FEES                                                         
+ SB 254 TOURISM & RECREATION ASSESSMENT                                                            
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Feb 06        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 09        Monday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    

2004-02-06                     Senate Journal                      Page 2099
                            RESOURCES (continued)                                                
                                                                                                    
Feb 11        Wednesday                 Senate Finance 532           12:00 PM                     
              -- Time and Location Change --                                                        
              Joint w(H) Resources Committee Hearing                                                
              Mining Industry Overview                                                              
                                                                                                    
Feb 13        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Feb 10        Tuesday                               Beltz 211         3:30 PM                     
     SB 287 REGULATION REVIEW                                                                       
     SB 232 RETIREMENT:TEACHERS/JUDGES/PUB EMPLOYEES                                                
     HJR 30 ELIMINATE SOCIAL SECURITY OFFSET                                                        
                                                                                                    
Feb 12        Thursday                              Beltz 211         3:30 PM                     
= SB 279 AHFC WATER & SEWER BONDS                                                                   
+ HB 230 POLITICAL SIGNS ON PRIVATE PROPERTY                                                        
     SB 255 ILLEGAL USE TRAFFIC PREEMPTION DEVICE                                                   
              "Overview on "Help America Vote Act":                                                 
              Division of Elections                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Feb 10        Tuesday                         Butrovich 205           1:30 PM                     
     HB 304 JACK COGHILL BRIDGE TO THE INTERIOR                                                     
              Overview of Proposed Use of the Spine                                                 
              Road in the North Slope Oil Fields                                                    
                                                                                                    
Feb 12        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 28        Saturday                            Anchorage           9:30 AM                     
              -- Time and Location Change --                                                        
              Special Meeting: Overview of the Knik                                                 
              Arm Crossing                                                                          
              Loussac Library   9:30 - 11:30 am                                                     
                   ----------------------------------------                                        

2004-02-06                     Senate Journal                      Page 2100
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Feb 25        Wednesday                 Senate Finance 532            3:00 PM                     
              Alaskan Command's Annual Address by                                                   
              Lt.General Carrol H."Howie" Chandler                                                  
              Testimony by Invitation Only                                                          
                   ----------------------------------------                                        
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Feb 19        Thursday                   House Finance 519           12:00 PM                     
              Audits and Other Committee Business                                                   
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Feb 17        Tuesday                         Butrovich 205          12:00 PM                     
+             Let's Talk Healthy Relationships Program                                              
                   ----------------------------------------                                        
                                                                                                    
                           ENERGY POLICY TASK FORCE                                              
                                                                                                    
Feb 10        Tuesday                             Anchorage           9:30 AM                     
              AIDEA/AEA Board Room                                                                  
              813 W. Northern Lights Blvd., Third Floor                                             
              9:30 am to 3:30 pm                                                                    
                                                                                                    
Feb 11        Wednesday                           Anchorage           9:30 AM                     
              AIDEA/AEA Board Room                                                                  
              813 W. Northern Lights Blvd., Third Floor                                             
              9:30 am to 3:30 pm                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-02-06                     Senate Journal                      Page 2101
                                JOINT SESSION                                                    
                                                                                                    
Feb 25        Wednesday                    House Chamber            11:00 AM                      
              State of the Judiciary                                                                
              Chief Justice Alexander O. Bryner                                                     
                                                                                                    
Mar 16        Tuesday                      House Chamber            11:00 AM                      
              Address by U.S. Senator Lisa Murkowski