Legislature(2003 - 2004)

2004-03-04 Senate Journal

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2004-03-04                     Senate Journal                      Page 2401
                                                                                                    
                                  SENATE JOURNAL                                                 
                                                                                                    
                             ALASKA STATE LEGISLATURE                                            
                                                                                                    
                    TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                   
                                                                                                    
Juneau, Alaska                           Thursday                          March 4, 2004          
                                                                                                    
                                 Fifty-third Day                                                 
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:15 a.m.                                                                            
                                                                                                    
The roll showed seventeen members present. Senators Davis, Ellis                                    
were excused from a call of the Senate. Senator Green was absent.                                   
                                                                                                    
The prayer was offered by the Chaplain, Senator Lincoln. Senator                                    
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
                            A Prayer for the Children                                              
                                                                                                    
      "We pray for the children who sneak Popsicles before supper,                                  
      who erase holes in math workbooks, who can never find their                                   
      shoes.                                                                                        
                                                                                                    
      And we pray for those who stare at photographers from                                         
      behind barbed wire, who can't bound down the street in a                                      
      new pair of sneakers, who never "counted potatoes," who are                                   
      born in places where we wouldn't be caught dead, who never                                    
      go to the circus, who live in an X-rated world.                                               
                                                                                                    
      We pray for children who bring us sticky kisses and fistfuls                                  
      of dandelions, who hug us in a hurry and forget their lunch                                   
      money.                                                                                        
                                                                                                    
      And we pray for those who never get dessert, who have no                                      
      safe blanket to drag behind them, who watch their parents                                     
      watch them die, who can't find any bread to steal, who don't                                  
      have any rooms to clean up, whose pictures aren't on                                          
      anybody's dresser, whose monsters are real.                                                   
                                                                                                    

2004-03-04                     Senate Journal                      Page 2402
      We pray for children who spend all their allowance before                                     
      Tuesday, who throw tantrums in the grocery store and pick at                                  
      their food, who like ghost stories, who shove dirty clothes                                   
      under the bed, who never rinse out the tub, who get visits                                    
      from the tooth fairy, who don't like to be kissed in front of                                 
      the carpool, who squirm in church and scream in the phone,                                    
      whose tears we sometimes laugh at and whose smiles can                                        
      make us cry.                                                                                  
                                                                                                    
      And we pray for those whose nightmares come in the                                            
      daytime, who will eat anything, who have never seen a                                         
      dentist, who aren't spoiled by anybody, who go to bed hungry                                  
      and cry themselves to sleep, who live and move, but have no                                   
      being.                                                                                        
                                                                                                    
      We pray for children who want to be carried and for those                                     
      who must, who we never give up on and for those who don't                                     
      get a second chance.                                                                          
                                                                                                    
      For those we smother and for those who will grab the hand of                                  
      anybody kind enough to offer it."                                                             
      (Adapted by James Steyer from the poem by Ina Hughes)                                         
                                                                                                    
      Dear Lord, we ask that this body, the Senators, each of us,                                   
      think about all these children as we make decisions today and                                 
the days to come.                                                            Amen.                 
                                                                                                    
Senator Olson led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                  Certification                                                  
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the fifty-second legislative day be approved as certified by                            
the Secretary. Without objection, it was so ordered.                                                
                                                                                                    
The presence of Senator Green was noted.                                                            
                                                                                                    
                                                                                                    
                             Messages from the House                                             
                                                                                                    
Message dated March 3 was read, stating the House passed and                                        
transmitted for consideration:                                                                      

2004-03-04                     Senate Journal                      Page 2403
                    First Reading and Reference of House Bills                                   
                                                                                                    
HB 15                                                                                             
CS FOR HOUSE BILL NO. 15(FIN) am BY THE HOUSE FINANCE                                               
COMMITTEE, entitled:                                                                                
                                                                                                    
              "An Act relating to fair trade practices and consumer                                
              protection, to telephone solicitations, to charitable                                
            solicitations; and providing for an effective date."                                    
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    
HB 349                                                                                            
CS FOR HOUSE BILL NO. 349(JUD) am BY THE HOUSE                                                      
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
                    "An Act amending Rule 412, Alaska Rules of                                     
            Evidence."                                                                              
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                                                                                                    
                            Standing Committee Reports                                           
                                                                                                    
SB 35                                                                                             
The Finance Committee considered SPONSOR SUBSTITUTE FOR                                             
SENATE BILL NO. 35 "An Act making appropriations for the                                            
operating and loan program expenses of state government, for certain                                
programs, and to capitalize funds; making appropriations under art.                                 
IX, sec. 17(c), Constitution of the State of Alaska, from the                                       
constitutional budget reserve fund; and providing for an effective date"                            
and recommended it be replaced with                                                                 
                                                                                                    
      CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL                                                     
      NO. 35(FIN) "An Act making appropriations to the                                              
      Department of Education and Early Development for K-12                                        
      educational programs; making appropriations to the                                            
      University of Alaska; making an appropriation to reverse the                                  
      deposit of money available for appropriation in the general                                   
      fund at the end of fiscal year 2004 into the constitutional                                   
      budget reserve fund; making appropriations of the amount                                      

2004-03-04                     Senate Journal                      Page 2404
      necessary to balance revenue and general fund appropriations                                  
      for fiscal years 2004 and 2005; making an appropriation for                                   
      investment management fees for the constitutional budget                                      
      reserve fund; making appropriations under art. IX, sec. 17(c),                                
      Constitution of the State of Alaska, from the constitutional                                  
      budget reserve fund; and providing for an effective date."                                    
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Bunde,                                  
Ben Stevens. Signing no recommendation: Senator Dyson. Signing                                      
amend: Senators Hoffman, Olson.                                                                     
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 217                                                                                            
The Judiciary Committee considered SENATE BILL NO. 217 "An                                          
Act relating to genetic privacy; and amending Rule 82, Alaska Rules                                 
of Civil Procedure, and Rule 508, Alaska Rules of Appellate                                         
Procedure" and recommended it be replaced with                                                      
                                                                                                    
                     CS FOR SENATE BILL NO. 217(JUD) "An Act                                       
            relating to genetic privacy."                                                           
                                                                                                    
and further recommends the adoption of the following Judiciary Letter                               
of Intent:                                                                                          
                                                                                                    
                                 Letter of Intent                                                  
                                                                                                    
      The Legislature finds that recent scientific breakthroughs in                                 
      decoding DNA samples have the potential of disclosing the                                     
      probable medical future of individual families' bloodlines                                    
      when samples are collected, retained and disclosed without                                    
      consent. The Legislature has determined that such disclosure                                  
      may lead to harm of an individual and their blood relatives,                                  
      including discrimination in areas such as employment,                                         
      education, healthcare and insurance. Concern exists that the                                  
      current laws regarding collection, retention or disclosure of                                 
      DNA information are inadequate and steps should be taken to                                   
      protect genetic privacy, property interests and information                                   
      derived from samples. As a result, SB 217 has been passed to                                  
      define the rights of individuals whose genetic information is                                 
      collected and their property rights in that information.                                      
      Further, the law defines the circumstances under which an                                     

2004-03-04                     Senate Journal                      Page 2405
              individual may be subject to genetic testing and which                               
          information may be collected, analyzed, retained or disclosed.                           
               The law is not intended to impact state uses of DNA                                 
      information specifically authorized by other state statutes.                                  
                                                                                                    
Signing no recommendation: Senator Seekins, Chair; Senators                                         
Therriault, Ogan. Signing do pass: Senator French.                                                  
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 4, zero, Department of Law                                                         
 Fiscal Note No. 5, zero, Department of Public Safety                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 3, zero, Alaska Court System                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 281                                                                                            
The Resources Committee considered SENATE BILL NO. 281 "An                                          
Act relating to labeling and identification of genetically modified fish                            
and fish products." Signing do pass: Senator Wagoner, Vice Chair;                                   
Senators Dyson, Lincoln, Elton, Ben Stevens, Seekins.                                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Environmental                                               
            Conservation                                                                            
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 333                                                                                            
The Judiciary Committee considered SENATE BILL NO. 333 "An                                          
Act relating to judicial relief before final administrative decisions of                            
state agencies" and recommended it be replaced with                                                 
                                                                                                    
                     CS FOR SENATE BILL NO. 333(JUD) "An Act                                       
             relating to the state's administrative procedures and to                              
            judicial oversight of administrative matters."                                          
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators Therriault, Ogan.                                 
Signing do not pass: Senator French.                                                                
                                                                                                    
                                                                                                    

2004-03-04                     Senate Journal                      Page 2406
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Alaska Court System                                              
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 339                                                                                            
The Resources Committee considered SENATE BILL NO. 339 "An                                          
Act relating to reclamation bonding and financial assurance for certain                             
mines; relating to financial assurance limits for lode mines;                                       
establishing the mine reclamation trust fund; and providing for an                                  
effective date." Signing do pass: Senator Wagoner, Vice Chair;                                      
Senators Seekins, Dyson, Ben Stevens. Signing no recommendation:                                    
Senators Lincoln, Elton.                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Revenue                                                           
 Fiscal Note No. 2, zero, Department of Natural Resources                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 340                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 340 "An Act relating to the detention of                                            
delinquent minors in correctional facilities; relating to emergency                                 
detention of minors for evaluation for involuntary admission for                                    
mental health treatment; relating to detention of intoxicated minors                                
and minors incapacitated by alcohol or drugs; and providing for an                                  
effective date." Signing do pass: Senator Dyson, Chair; Senators                                    
Green, Wilken.                                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
 Fiscal Note No. 2, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 31                                                                                             
The Judiciary Committee considered HOUSE BILL NO. 31 "An Act                                        
relating to initiative and referendum petitions; and providing for an                               
effective date." Signing do pass: Senator Seekins, Chair; Senators                                  
Therriault, Ogan. Signing no recommendation: Senator French.                                        
                                                                                                    

2004-03-04                     Senate Journal                      Page 2407
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Office of the Governor                                                    
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 260                                                                                            
The Judiciary considered CS FOR HOUSE BILL NO. 260(JUD) "An                                         
Act relating to immunity for free health care services provided by                                  
certain health care providers; and providing for an effective date" and                             
recommended it be replaced with                                                                     
                                                                                                    
                       SENATE CS FOR CS FOR HOUSE BILL NO.                                         
            260(JUD)                                                                                
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators French, Ogan.                                     
Signing no recommendation: Senator Therriault.                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Community and Economic                                      
            Development                                                                             
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HJR 5                                                                                             
The Judiciary Committee considered HOUSE JOINT RESOLUTION                                           
NO. 5 Proposing an amendment to the Constitution of the State of                                    
Alaska relating to initiative and referendum petitions. Signing do pass:                            
Senator Seekins, Chair; Senators Therriault, Ogan. Signing no                                       
recommendation: Senator French.                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Office of the Governor                                                          
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                    Introduction and Reference of Senate Bills                                   
                                                                                                    
SB 360                                                                                            
SENATE BILL NO. 360 BY THE SENATE LABOR AND                                                         
COMMERCE COMMITTEE, entitled:                                                                       
                                                                                                    

2004-03-04                     Senate Journal                      Page 2408
      "An Act relating to building and life safety codes, including                                 
      creation of the Building and Life Safety Code Commission,                                     
      the adoption of building and life safety codes for the state,                                 
      and making exemptions for municipalities; relating to                                         
      mechanical contractors, electrical administrators, mechanical                                 
      administrators, plumbers, the Alaska Housing Finance                                          
      Corporation, boilers, unfired pressure vessels, water heaters,                                
      the administration of certain building and life safety codes,                                 
      and fees for administration of building and life safety codes;                                
      and providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
SB 361                                                                                            
SENATE BILL NO. 361 BY THE SENATE RESOURCES                                                         
COMMITTEE, entitled:                                                                                
                                                                                                    
                    "An Act relating to discharges from small                                      
                commercial passenger vessels; and providing for an                                 
            effective date."                                                                        
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Resources Committees.                                                                   
                                                                                                    
                                                                                                    
                          Consideration of the Calendar                                          
                                                                                                    
                          Second Reading of Senate Bills                                         
SB 35                                                                                             
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 35 "An Act                                                   
making appropriations for the operating and loan program expenses of                                
state government, for certain programs, and to capitalize funds;                                    
making appropriations under art. IX, sec. 17(c), Constitution of the                                
State of Alaska, from the constitutional budget reserve fund; and                                   
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 2404.                                  
Without objection, CS FOR SPONSOR SUBSTITUTE FOR SENATE                                             
BILL NO. 35(FIN) "An Act making appropriations to the Department                                    
of Education and Early Development for K-12 educational programs;                                   

2004-03-04                     Senate Journal                      Page 2409
making appropriations to the University of Alaska; making an                                        
appropriation to reverse the deposit of money available for                                         
appropriation in the general fund at the end of fiscal year 2004 into the                           
constitutional budget reserve fund; making appropriations of the                                    
amount necessary to balance revenue and general fund appropriations                                 
for fiscal years 2004 and 2005; making an appropriation for                                         
investment management fees for the constitutional budget reserve                                    
fund; making appropriations under art. IX, sec. 17(c), Constitution of                              
the State of Alaska, from the constitutional budget reserve fund; and                               
providing for an effective date" was adopted.                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Elton objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SPONSOR SUBSTITUTE FOR                                           
SENATE BILL NO. 35(FIN) will be on the March 5 calendar.                                            
                                                                                                    
                          Third Reading of Senate Bills                                          
                                                                                                    
SB 190                                                                                            
CS FOR SENATE BILL NO. 190(STA) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 190(STA)                                          
"An Act adding certain state-owned land and water to the Kenai River                                
Special Management Area; relating to the mineral estate of the state-                               
owned land and water in the Kenai River Special Management Area;                                    
relating to the Kenai River Special Management Area advisory board;                                 
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
CSSB 190(STA)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, French, Green, Guess,                                          
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
and so, CS FOR SENATE BILL NO. 190(STA) passed the Senate.                                          

2004-03-04                     Senate Journal                      Page 2410
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Elton gave notice of reconsideration.                                                       
                                                                                                    
SB 203                                                                                            
CS FOR SENATE BILL NO. 203(FIN) am was read the third time.                                         
                                                                                                    
In accordance with Mason's Manual 583(2), President Therriault                                      
relinquished the chair to Senator Ben Stevens, President pro tempore,                               
in order to participate in debate.                                                                  
                                                                                                    
President Therriault and Senator Ben Stevens resumed their original                                 
places.                                                                                             
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 203(FIN) am                                       
"An Act relating to administrative hearings, to hearing officers, and to                            
administrative law judges; establishing the office of administrative                                
hearings and relating to that office; and providing for an effective                                
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
CSSB 203(FIN) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Elton, French, Green, Guess, Hoffman,                                        
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
Absent:  Bunde                                                                                      
                                                                                                    
and so, CS FOR SENATE BILL NO. 203(FIN) am passed the Senate.                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    

2004-03-04                     Senate Journal                      Page 2411
SB 260                                                                                            
CS FOR SENATE BILL NO. 260(TRA) am was read the third time.                                         
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 260(TRA)                                          
am "An Act relating to metropolitan planning organizations and to the                               
policy board of the metropolitan planning organization for the                                      
Anchorage metropolitan area; relating to transportation planning in                                 
federally recognized metropolitan planning areas; and providing for an                              
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSSB 260(TRA) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  11   NAYS:  6   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B,                                    
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Bunde, Elton, French, Guess, Lincoln, Olson                                                  
                                                                                                    
Excused:  Davis, Ellis, Hoffman                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 260(TRA) am 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:                                                           
                                                                                                    
CSSB 260(TRA) am                                                                                    
Effective Date Clause                                                                               
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, French, Green, Guess, Lincoln,                                 
Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault,                                    
Wagoner, Wilken                                                                                     
                                                                                                    
Excused:  Davis, Ellis, Hoffman                                                                     
                                                                                                    
and so, the effective date clause was adopted.                                                      
                                                                                                    
Senator French gave notice of reconsideration.                                                      

2004-03-04                     Senate Journal                      Page 2412
SB 299                                                                                            
SENATE BILL NO. 299 "An Act relating to a charge for a bad check"                                   
was read the third time.                                                                            
                                                                                                    
Senator French moved and asked unanimous consent that the bill be                                   
returned to second reading for the purpose of a specific amendment,                                 
that being Amendment No. 1. Without objection, the bill was returned                                
to second reading.                                                                                  
                                                                                                    
Senator French offered Amendment No. 1 :                                                             
 Page 1, line 11:                                                                                   
  Delete: "$30"                                                                                 
  Insert: "$25"                                                                                 
                                                                                                    
Senator French moved for the adoption of Amendment No. 1.                                           
Objections were heard.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SB 299                                                                                              
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  5   NAYS:  12   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Elton, French, Guess, Lincoln, Olson                                                         
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Excused:  Davis, Ellis, Hoffman                                                                     
                                                                                                    
and so, Amendment No. 1 failed to be adopted.                                                       
                                                                                                    
SENATE BILL NO. 299 was automatically in third reading.                                             
                                                                                                    
The question being: "Shall SENATE BILL NO. 299 "An Act relating                                     
to a charge for a bad check" pass the Senate?" The roll was taken with                              
the following result:                                                                               
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-04                     Senate Journal                      Page 2413
                                                                                                    
SB 299                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, French, Green, Guess, Lincoln,                                 
Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault,                                    
Wagoner, Wilken                                                                                     
                                                                                                    
Excused:  Davis, Ellis, Hoffman                                                                     
                                                                                                    
and so, SENATE BILL NO. 299 passed the Senate and was referred to                                   
the Secretary for engrossment.                                                                      
                                                                                                    
                                    Citations                                                    
                                                                                                    
Honoring - The 2004 Wasilla High School Wrestling Team                                              
Representative(s) Stoltze, Kohring, Masek, Gatto                                                    
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, 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.                                                          
                                                                                                    
                                                                                                    
                         Reconsideration of Senate Bills                                         
                                                                                                    
SB 305                                                                                            
Senator Guess requested that the reconsideration on SENATE BILL                                     
NO. 305 be taken up. The bill was before the Senate on                                              
reconsideration.                                                                                    
                                                                                                    
The question to be reconsidered: "Shall SENATE BILL NO. 305 "An                                     
Act relating to state ownership of submerged land underlying water                                  
that was navigable at the time Alaska achieved statehood" pass the                                  
Senate?" The roll was taken with the following result:                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-04                     Senate Journal                      Page 2414
                                                                                                    
SB 305                                                                                              
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  12   NAYS:  5   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Elton, French, Guess, Lincoln, Olson                                                         
                                                                                                    
Excused:  Davis, Ellis, Hoffman                                                                     
                                                                                                    
and so, SENATE BILL NO. 305 passed the Senate on reconsideration                                    
and was referred to the Secretary for engrossment.                                                  
                                                                                                    
                                                                                                    
                               Unfinished Business                                               
                                                                                                    
SB 295                                                                                            
The reconsideration on SENATE BILL NO. 295 "An Act extending                                        
the termination date of the Navigable Waters Commission for Alaska;                                 
and providing for an effective date" was not taken up this legislative                              
day and the bill was referred to the Secretary for engrossment.                                     
                                                                                                    
SJR 27                                                                                            
The reconsideration on SENATE JOINT RESOLUTION NO. 27                                               
Relating to the resolution of submerged land title disputes, was not                                
taken up this legislative day and the resolution was referred to the                                
Secretary for engrossment.                                                                          
                                                                                                    
Senator Guess moved and asked unanimous consent to be excused                                       
from a call of the Senate on March 5. Without objection, Senator                                    
Guess was excused.                                                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent to be                                        
excused from a call of the Senate from plane time, March 5 to plane                                 
time, March 8. Without objection, Senator Gary Stevens was excused.                                 
                                                                                                    
                                                                                                    
                                  Announcements                                                  
                                                                                                    
Announcements are at the end of the journal.                                                        

2004-03-04                     Senate Journal                      Page 2415
                                   Engrossment                                                   
                                                                                                    
SB 203                                                                                            
CS FOR SENATE BILL NO. 203(FIN) am "An Act relating to                                              
administrative hearings, to hearing officers, and to administrative law                             
judges; establishing the office of administrative hearings and relating                             
to that office; and providing for an effective date" was engrossed,                                 
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
SB 295                                                                                            
SENATE BILL NO. 295 "An Act extending the termination date of                                       
the Navigable Waters Commission for Alaska; and providing for an                                    
effective date" was engrossed, signed by the President and Secretary                                
and transmitted to the House for consideration.                                                     
                                                                                                    
SB 299                                                                                            
SENATE BILL NO. 299 "An Act relating to a charge for a bad check"                                   
was engrossed, signed by the President and Secretary and transmitted                                
to the House for consideration.                                                                     
                                                                                                    
SB 305                                                                                            
SENATE BILL NO. 305 "An Act relating to state ownership of                                          
submerged land underlying water that was navigable at the time                                      
Alaska achieved statehood" was engrossed, signed by the President                                   
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
SJR 27                                                                                            
SENATE JOINT RESOLUTION NO. 27 Relating to the resolution of                                        
submerged land title disputes, was engrossed, signed by the President                               
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
                                                                                                    
                                    Enrollment                                                   
                                                                                                    
SB 270                                                                                            
SENATE BILL NO. 270 am H "An Act establishing November as                                           
Avalanche Awareness Month" 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 9:27 a.m.,                             
March 4, 2004.                                                                                      

2004-03-04                     Senate Journal                      Page 2416
                                   Adjournment                                                   
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 10:00 a.m., March 5, 2004. Without                                
objection, the Senate adjourned at 12:15 p.m.                                                       
                                                                                                    
                                                                              Kirsten Waid          
                                                                 Secretary of the Senate            
                                                                                                    
                                                                               March 2004           

2004-03-04                     Senate Journal                      Page 2417
                                  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                                          
                                                                                                    
Mar 05           Friday                             Fahrenkamp 203                   1:30 PM      
                 No Meeting Scheduled                                                               
                                                                                                    
Mar 08           Monday                             Fahrenkamp 203                   1:30 PM      
                 No Meeting Scheduled                                                               
                                                                                                    
Mar 10           Wednesday                          Fahrenkamp 203                   1:30 PM      
+ SB 335 EMERGENCY SERVICES DISPATCH/911 SURCHARGE                                                  
+ SB 355 WASTE MANAGEMENT/DISPOSAL                                                                  
                 Bills Previously Heard/Scheduled                                                   
                                                                                                    
Mar 12           Friday                             Fahrenkamp 203                   1:30 PM      
                 No Meeting Scheduled                                                               
                     ----------------------------------------                                      
                                                                                                    
                                     FINANCE                                                     
                                                                                                    
Mar 04           Thursday                        Senate Finance 532                  9:00 AM      
+= SB 257 APPROP: CAPITAL PROJECTS                                                                  
                 Office of the Governor                                                             
                 Dept. of Public Safety                                                             
                 Dept. of Environmental Conservation                                                
                 University of Alaska                                                               
+                Bills Previously Heard/Scheduled                                                   
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-04                     Senate Journal                      Page 2418
                               FINANCE (continued)                                               
                                                                                                    
Mar 05           Friday                          Senate Finance 532                  9:00 AM      
+= SB 257 APPROP: CAPITAL PROJECTS                                                                  
                 Dept. of Transportation and Public                                                 
                 Facilities                                                                         
+                Bills Previously Heard/Scheduled                                                   
                                                                                                    
Mar 08           Monday                          Senate Finance 532                  9:00 AM      
+= SB 179 TEACHER CERTIFICATION : FINGERPRINTS                                                      
+ SB 353 REPEAL DAYCARE REQ FOR FBX COURTHOUSE                                                      
+ SB 279 AHFC WATER & SEWER BONDS                                                                   
+ SB 274 HOUSING PROGRAMS                                                                           
+                Bills Previously Heard/Scheduled                                                   
                                                                                                    
Mar 09           Tuesday                         Senate Finance 532                  9:00 AM      
+ HB 347 EXEMPT TAXIS FROM VEHICLE RENTAL TAX                                                       
+= SB 273 ASMI BOARD/ SEAFOOD TAXES & ASSESSMENTS                                                   
+ SB 288 EMERGENCY CHILD CUSTODY PLACEMENT                                                          
+ SB 315 ENTRY PERMIT BUY-BACK PROGRAM                                                              
+ SB 347 GULF OF ALASKA GROUNDFISH MORATORIUM                                                       
                 <Pending Referral>                                                                 
+                Bills Previously Heard/Scheduled                                                   
                                                                                                    
Mar 10           Wednesday                       Senate Finance 532                  9:00 AM      
+                Presentation by the University of Alaska                                           
                 "Economics of UA Research"                                                         
+= SB 241 APPROP: NATURAL GAS DEVELOPMENT AUTHORITY                                                 
+ SB 271 NATURAL GAS DEVEL AUTHORITY PROJECTS                                                       
+                Bills Previously Heard/Scheduled                                                   
                                                                                                    
Mar 11           Thursday                        Senate Finance 532                  9:00 AM      
+ SB 300 ATTORNEY'S LIEN                                                                            
+ SB 328 NATIONAL FOREST INCOME PROGRAM/DCED REGS                                                   
+ SB 306 NATUROPATHIC MEDICINE                                                                      
+                Bills Previously Heard/Scheduled                                                   
                                                                                                    
Mar 12           Friday                          Senate Finance 532                  9:00 AM      
                 No Meeting Scheduled                                                               
                     ----------------------------------------                                      
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-04                     Senate Journal                      Page 2419
                       HEALTH, EDUCATION & SOCIAL SERVICES                                       
                                                                                                    
Mar 08           Monday                                 Butrovich 205                1:30 PM      
+= HB 282 UNIVERSITY EMPLOYEE RESEARCH CONTRACTS                                                    
+= HB  25 HEALTH CARE SERVICES DIRECTIVES                                                           
                 Bills Previously Heard/Scheduled                                                   
                                                                                                    
Mar 10           Wednesday                              Butrovich 205                1:30 PM      
                 No Meeting Scheduled                                                               
                     ----------------------------------------                                      
                                                                                                    
                                    JUDICIARY                                                    
                                                                                                    
Mar 05           Friday                                 Butrovich 205                8:00 AM      
+ SB 336 CORRECTIONS: FEES/SURCHARGE                                                                
+= SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE                                                 
                 <Bill Hearing Postponed>                                                           
+ HB 397 DEFENSE CONTACTS WITH VICTIMS & WITNESSES                                                  
                 <Bill Hearing Postponed>                                                           
+ HB  83 REVISED UNIFORM ARBITRATION ACT                                                            
+                Hearing on Changes to APOC Regulations                                             
+                Bills Previously Heard/Scheduled                                                   
                                                                                                    
Mar 08           Monday                                 Butrovich 205                8:00 AM      
                 No Meeting Scheduled                                                               
                                                                                                    
Mar 10           Wednesday                              Butrovich 205                8:00 AM      
+= SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE                                                 
+                Bills Previously Heard/Scheduled                                                   
                                                                                                    
Mar 12           Friday                                 Butrovich 205                8:00 AM      
+ SB 316 SEAT BELT VIOLATION AS PRIMARY OFFENSE                                                     
+ HB 513 CSED NAME CHANGE/DRIVER'S LIC.SUSPENSION                                                   
+                Bills Previously Heard/Scheduled                                                   
                     ----------------------------------------                                      
                                                                                                    
                                 LABOR & COMMERCE                                                
                                                                                                    
Mar 04           Thursday                                     Beltz 211              1:30 PM      
+= SB 323 WORKERS COMPENSATION AND CONTRACTORS                                                      
+= HB 340 DAMAGES IN CONSTRUCTION CLAIMS                                                            
+                Bills Previously Heard/Scheduled                                                   
                 Including but Not Limited to:                                                      
+= SB 311 INSURANCE & WORKERS' COMPENSATION SYSTEM                                                  

2004-03-04                     Senate Journal                      Page 2420
                           LABOR & COMMERCE (continued)                                          
                                                                                                    
Mar 09           Tuesday                                      Beltz 211              1:30 PM      
+ SB 357 INSURANCE                                                                                  
+ SB 350 4 DAM POOL JOINT ACTION AGENCY                                                             
                 Bills Previously Heard/Scheduled                                                   
+= SB 323 WORKERS COMPENSATION AND CONTRACTORS                                                      
+= HB 340 DAMAGES IN CONSTRUCTION CLAIMS                                                            
                                                                                                    
Mar 11           Thursday                                     Beltz 211              1:30 PM      
+ SB 337 ENERGY PROGRAMS & FUNDS                                                                    
+ SB 344 TRUSTS/ESTATES/PROPERTY TRANSFERS                                                          
+ HB 409 SEINE VESSEL LENGTH                                                                        
                 Bills Previously Heard/Scheduled                                                   
+= SB 319 CLAIMS AGAINST HEALTH CARE PROVIDERS                                                      
                     ----------------------------------------                                      
                                                                                                    
                                    RESOURCES                                                    
                                                                                                    
Mar 05           Friday                                 Butrovich 205                3:30 PM      
+= SB 312 CONVENTIONAL & NONCONVENTIONAL GAS LEASES                                                 
                 <Above Bill Hearing Postponed>                                                     
+                Bills Previously Heard/Scheduled                                                   
+= SB 282 PREPARED FOOD:WILD/FARMED FISH DISCLOSURE                                                 
+= SB 347 GULF OF ALASKA GROUNDFISH MORATORIUM                                                      
+= SB 303 BIG GAME GUIDE BOARD & SERVICES                                                           
                                                                                                    
Mar 08           Monday                                 Butrovich 205                3:30 PM      
+                Confirmation Hearings:                                                             
                 Frank Homan - Commercial Fisheries Entry Commission                                
                 John K. Norman - Alaska Oil & Gas                                                  
                 Conservation Commission                                                            
                 Charles Cole - Royalty & Gas Development                                           
                 Advisory Board                                                                     
                 Ken Stout - Royalty & Gas Development                                              
                 Advisory Board                                                                     
+                Bills Previously Heard/Scheduled                                                   
                                                                                                    
Mar 10           Wednesday                              Butrovich 205                3:30 PM      
                 No Meeting Scheduled                                                               
                                                                                                    
Mar 12           Friday                                 Butrovich 205                3:30 PM      
                 No Meeting Scheduled                                                               

2004-03-04                     Senate Journal                      Page 2421
                                  STATE AFFAIRS                                                  
                                                                                                    
Mar 04           Thursday                                     Beltz 211              3:30 PM      
+= SB 326 PERMANENT FUND INVESTMENTS                                                                
+ SB 309 BLOOD PATHOGENS TESTING OF PRISONERS                                                       
+ SB 351 APOC REPORTS BY NONELECTRONIC MEANS                                                        
                 Bills Previously Heard/Scheduled                                                   
                                                                                                    
Mar 09           Tuesday                                      Beltz 211              3:30 PM      
      SR   3 COMMEMORATING SEN. FRANK FERGUSON                                                      
+= SB 352 MANAGERS NOT EMPLOYEES UNDER P.E.R.A.                                                     
                 -- Teleconference <Listen Only> --                                                 
                 Bills Previously Heard/Scheduled                                                   
                                                                                                    
Mar 11           Thursday                                     Beltz 211              3:30 PM      
+ SB 346 MONETARY TERMS: MASTERS/MATES/PILOTS                                                       
+ SB 338 CLAIMS AGAINST STATE EMPLOYEES                                                             
+ SB 308 DOMESTIC VIOLENCE PROTECTIVE ORDERS                                                        
+ HCR  5 LEGIS. TASK FORCE ON DESIGN OF STATE SEAL                                                  
                 Bills Previously Heard/Scheduled                                                   
                     ----------------------------------------                                      
                                                                                                    
                                  TRANSPORTATION                                                 
                                                                                                    
Mar 04           Thursday                               Butrovich 205                1:30 PM      
+= SB 298 OFF-ROAD VEHICLE USE ON DALTON HIGHWAY                                                    
      SB 358 ALASKA RAILROAD TRACK WORK                                                             
                                                                                                    
Mar 09           Tuesday                                Butrovich 205                1:30 PM      
+= SB 298 OFF-ROAD VEHICLE USE ON DALTON HIGHWAY                                                    
                                                                                                    
Mar 11           Thursday                               Butrovich 205                1:30 PM      
                 No Meeting Scheduled                                                               
                     ----------------------------------------                                      
                                                                                                    
                              FINANCE SUBCOMMITTEES                                              
                                                                                                    
                          EDUCATION & EARLY DEVELOPMENT                                          
                                                                                                    
Mar 11           Thursday                        Senate Finance 532                  3:00 PM      
                 FY05 Operating Budget Overview                                                     
                     ----------------------------------------                                      

2004-03-04                     Senate Journal                      Page 2422
                        FINANCE SUBCOMMITTEES (continued)                                        
                                                                                                    
                            ENVIRONMENTAL CONSERVATION                                           
                                                                                                    
Mar 08           Monday                                       Beltz 211            12:00 PM       
                 Review of Department of Environmental                                              
                 Conservation Budget                                                                
                     ----------------------------------------                                      
                                                                                                    
                                   FISH & GAME                                                   
                                                                                                    
Mar 09           Tuesday                                Butrovich 205                4:00 PM      
                 Overview                                                                           
                                                                                                    
Mar 16           Tuesday                                Butrovich 205                4:00 PM      
                 Closeout                                                                           
                     ----------------------------------------                                      
                                                                                                    
                             HEALTH & SOCIAL SERVICES                                            
                                                                                                    
Mar 04           Thursday                        Senate Finance 532                  4:00 PM      
                 FY 05 Budget                                                                       
                     ----------------------------------------                                      
                                                                                                    
                          MILITARY AND VETERANS AFFAIRS                                          
                                                                                                    
Mar 08           Monday                             Fahrenkamp 203                   7:30 AM      
                 Overview of Department of Military and                                             
                 Veterans' Affairs Budget                                                           
                     ----------------------------------------                                      
                                                                                                    
                                  PUBLIC SAFETY                                                  
                                                                                                    
Mar 09           Tuesday                                      Beltz 211              8:00 AM      
                 Overview                                                                           
                                                                                                    
Mar 16           Tuesday                                      Beltz 211              8:00 AM      
                 Closeout                                                                           
                     ----------------------------------------                                      
                                                                                                    
                                                                                                    

2004-03-04                     Senate Journal                      Page 2423
                                 JOINT COMMITTEES                                                
                                                                                                    
                               LEGISLATIVE COUNCIL                                               
                                                                                                    
Mar 08           Monday                        Speakers Chambers                   12:00 PM       
                 Information Technology Subcommittee                                                
                 Updates on: Homeland Security/Integration                                          
                 Solution concept, Aviation Safety Project                                          
                 and Mini Radio                                                                     
                     ----------------------------------------                                      
                                                                                                    
                      SELECT COMMITTEE ON LEGISLATIVE ETHICS                                     
                                                                                                    
Mar 08           Monday                          Anch Lio Conf Rm                    9:30 AM      
                 Ethics Subcommittee on Open Meetings                                               
                 -- Teleconference <Listen Only> --                                                 
                     ----------------------------------------                                      
                                                                                                    
                                  OTHER MEETINGS                                                 
                                                                                                    
                             ENERGY POLICY TASK FORCE                                            
                                                                                                    
Mar 09           Tuesday                                    Anchorage              10:00 AM       
                 AIDEA/AEA Board Room                                                               
                 813 W Northern Lights Blvd., Third Floor                                           
                 10:00 AM to 3:00 PM                                                                
                     ----------------------------------------                                      
                                                                                                    
                                   FISH CAUCUS                                                   
                                                                                                    
Mar 18           Thursday                               Butrovich 205              12:00 PM       
                 By-product Development: Getting the Most                                           
                 Out of Our Salmon                                                                  
                     ----------------------------------------                                      
                                                                                                    
                         JOINT LEGISLATIVE HEALTH CAUCUS                                         
                                                                                                    
Mar 09           Tuesday                                Butrovich 205              12:00 PM       
+                Does Alaska's Health Training Make the                                             
                 Grade?  Workforce and Alaska's Health                                              
                     ----------------------------------------                                      
                                                                                                    

2004-03-04                     Senate Journal                      Page 2424
                                  JOINT SESSION                                                  
                                                                                                    
Apr 02           Friday                              House Chamber                 11:00 AM       
                 Address by US Senator Lisa Murkowski