Legislature(2003 - 2004)

2004-03-05 Senate Journal

Full Journal pdf

2004-03-05                     Senate Journal                      Page 2425
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                      Friday                    March 5, 2004                       
                                                                                                    
                               Fifty-fourth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 10:16 a.m.                                                                            
                                                                                                    
The roll showed sixteen members present. Senators Davis, Dyson,                                     
Ellis, Hoffman were excused from a call of the Senate.                                              
                                                                                                    
The prayer was offered by the Chaplain, Senator Bunde.                                              
                                                                                                    
Senator Ogan led the Senate in the Pledge of Allegiance.                                            
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the fifty-third legislative day be approved as certified by                             
the Secretary. Without objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
HB 374                                                                                            
Message dated and received March 4 was read, stating the Governor                                   
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
          CS FOR HOUSE BILL NO. 374(FIN) am "An Act                                                 
          establishing the senior care program and relating to                                      
          that program; creating a new fund for the provision of                                    
          senior services; relating to aid to senior citizens; and                                  
          providing for an effective date."                                                         
                                                                                                    
                             Chapter 3, SLA 2004                                                   
                           Effective Date: 04/01/04                                                

2004-03-05                     Senate Journal                      Page 2426
                           Messages from the House                                               
                                                                                                    
SB 348                                                                                            
Message dated March 4 was read, stating the House passed and                                        
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 348(FIN) "An Act                                                   
          approving and ratifying the sale of royalty oil by the                                    
          State of Alaska to Flint Hills Resources Alaska, LLC,                                     
          and Flint Hills Resources, LLC; and providing for an                                      
          effective date."                                                                          
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Message dated March 4 was read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 29                                                                                             
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 29(JUD)                                                
am BY THE HOUSE JUDICIARY COMMITTEE, entitled:                                                      
                                                                                                    
          "An Act relating to real estate licensees and real                                        
          estate transactions; and providing for an effective                                       
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    
HB 91                                                                                             
CS FOR HOUSE BILL NO. 91(FIN) BY THE HOUSE FINANCE                                                  
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to medical benefits for retired peace                                    
          officers after 20 years of credited service."                                             
                                                                                                    
was read the first time and referred to the State Affairs, Labor and                                
Commerce and Finance Committees.                                                                    

2004-03-05                     Senate Journal                      Page 2427
HB 213                                                                                            
CS FOR HOUSE BILL NO. 213(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to a provisional driver's license and                                    
          to issuance of a driver's license; and providing for an                                   
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
HB 350                                                                                            
CS FOR HOUSE BILL NO. 350(STA) BY THE HOUSE STATE                                                   
AFFAIRS COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act adding personal injury and death from arson                                       
          in the first degree to the injuries compensable by the                                    
          Violent Crimes Compensation Board; and providing                                          
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
HB 414                                                                                            
CS FOR HOUSE BILL NO. 414(JUD) BY THE HOUSE                                                         
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to filling a vacancy in the office of                                    
          United States senator, and to the definition of                                           
          'political party.'"                                                                       
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 255                                                                                            
The State Affairs Committee considered SENATE BILL NO. 255 "An                                      
Act relating to traffic preemption devices" and recommended it be                                   
replaced with                                                                                       

2004-03-05                     Senate Journal                      Page 2428
          CS FOR SENATE BILL NO. 255(STA)                                                           
                                                                                                    
Signing do pass: Senator Gary Stevens, Chair; Senators Cowdery,                                     
Stedman.                                                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Public Safety                                               
 Fiscal Note No. 2, zero, Department of Public Safety                                               
 Fiscal Note No. 3, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SB 309                                                                                            
The State Affairs Committee considered SENATE BILL NO. 309 "An                                      
Act relating to testing the blood of prisoners and those in custody for                             
bloodborne pathogens." Signing do pass: Senator Gary Stevens, Chair;                                
Senators Cowdery, Stedman.                                                                          
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Corrections                                                 
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SB 311                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
311 "An Act providing for a special deposit for workers' compensation                               
insurers; relating to the board of governors of the Alaska Insurance                                
Guaranty Association; relating to covered workers' compensation                                     
claims paid by the Alaska Insurance Guaranty Association; stating the                               
intent of the legislature, and setting out limitations, concerning the                              
interpretation, construction, and implementation of workers'                                        
compensation laws; relating to restructuring the Alaska workers'                                    
compensation system; eliminating the Alaska Workers' Compensation                                   
Board; establishing a division of workers' compensation within the                                  
Department of Labor and Workforce Development and assigning                                         
certain Alaska Workers' Compensation Board functions to the division                                
and the Department of Labor and Workforce Development;                                              
establishing a Workers' Compensation Appeals Commission;                                            
assigning certain functions of the Alaska Workers' Compensation                                     
Board to the Workers' Compensation Appeals Commission; relating to                                  

2004-03-05                     Senate Journal                      Page 2429
agreements that discharge workers' compensation liability; providing                                
for hearing officers in workers' compensation proceedings; relating to                              
workers' compensation awards; relating to an employer's failure to                                  
insure and keep insured or provide security; providing for appeals                                  
from compensation orders; relating to workers' compensation                                         
proceedings; providing for supreme court jurisdiction of appeals from                               
the Workers' Compensation Appeals Commission; providing for a                                       
maximum amount for the cost-of- living adjustment for workers'                                      
compensation benefits; providing for administrative penalties for                                   
employers uninsured or without adequate security for workers'                                       
compensation; relating to assigned risk pools and insurers; and                                     
providing for an effective date." Signing do pass: Senator Bunde,                                   
Chair. Signing do not pass: Senator French. Signing no                                              
recommendation: Senators Seekins, Gary Stevens.                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 4, indeterminate, Department of Administration                                     
 Fiscal Note No. 5,  Alaska Court System                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
 Fiscal Note No. 2, zero, Department of Law                                                         
 Fiscal Note No. 3, Department of Labor and Workforce                                               
          Development                                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 326                                                                                            
The State Affairs Committee considered SENATE BILL NO. 326 "An                                      
Act relating to investments of Alaska permanent fund assets; and                                    
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
          CS FOR SENATE BILL NO. 326(STA)                                                           
                                                                                                    
Signing no recommendation: Senator Gary Stevens, Chair; Senator                                     
Stedman. Signing do pass: Senator Cowdery.                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-05                     Senate Journal                      Page 2430
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 336                                                                                            
The Judiciary Committee considered SENATE BILL NO. 336 "An                                          
Act imposing a correctional facility surcharge on persons convicted of                              
a crime under state law, and on persons whose probation is revoked;                                 
relating to fees and expenses for interstate transfer of probation or                               
parole; and providing for an effective date" and recommended it be                                  
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 336(JUD)                                                           
          (forthcoming)                                                                             
                                                                                                    
Signing do pass: Senator Seekins, Chair. Signing no recommendation:                                 
Senators Therriault, Ogan.                                                                          
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Law                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 358                                                                                            
The Transportation Committee considered SENATE BILL NO. 358                                         
"An Act relating to the performance of railroad track construction                                  
work for the Department of Transportation and Public Facilities by the                              
Alaska Railroad Corporation." Signing do pass: Senators Wagoner,                                    
Cowdery, Cochairs; Senator Therriault. Signing no recommendation:                                   
Senators Lincoln, Olson.                                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    
The bill was referred to the Labor and Commerce Committee.                                          
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-05                     Senate Journal                      Page 2431
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 22                                                                                            
SENATE CONCURRENT RESOLUTION NO. 22 BY THE                                                          
SENATE FINANCE COMMITTEE,                                                                           
                                                                                                    
              Relating to the development of moose escape routes                                   
          by the Alaska National Guard.                                                             
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 362                                                                                            
SENATE BILL NO. 362 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
             "An Act amending the definition of 'lobbyist' in the                                  
               Regulation of Lobbying Act; and providing for an                                    
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
Governor's transmittal letter dated February 27:                                                    
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill amending the definition of                                   
"lobbyist" in the Regulation of Lobbying Act (AS 24.45.011 to AS                                    
24.45.181).  Public  involvement  is an essential part of our democratic                            
                                                                                                    
                                                                                                    

2004-03-05                     Senate Journal                      Page 2432
process and we should do what we can to promote citizen                                             
involvement. However, current law allows individuals to be                                          
compensated and attempt to influence legislators for 40 hours in a 30-                              
day period, without complying with state reporting requirements.                                    
                                                                                                    
I believe a 40-hour threshold allows too many people to fly "under the                              
radar" and avoid the public disclosure requirements. By reducing the                                
threshold to 20 hours, we will provide an adequate time for Alaskans                                
to participate as interested citizens in the legislative process without                            
inadvertently being designated as lobbyists. In addition, a 20-hour                                 
limit will continue the public's right to know which persons receiving                              
some form of compensation for their time are attempting to influence                                
legislators. The bill is also consistent with the position of the Alaska                            
Public Offices Commission (APOC). APOC recommended a threshold                                      
limit of between 16 hours and 24 hours in a 30-day period.                                          
                                                                                                    
I urge your prompt and favorable action on this bill.                                               
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 35                                                                                             
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 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 read the third time.                                           

2004-03-05                     Senate Journal                      Page 2433
Senator Guess 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.                                                                                  
                                                                                                    
Senators Guess, Ellis, Elton, Davis, French, Hoffman, Lincoln, Olson                                
offered Amendment No. 1 :                                                                            
                                                                                                    
Page 1, lines 3-6; delete, "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;"                                        
                                                                                                    
Page 2, lines 1 to 13; after "2005." Delete all language                                            
     Insert, "The sum of $82,053,300 is appropriated to the Department                              
     of Education and Early Development for Foundation Formula                                      
     funding from the budget reserve fund (art. IX, sec. 17,                                        
     Constitution of the State of Alaska)"                                                          
                                                                                                    
Page 2, line 14 to Page 3, line 20; after "2005." Delete all language                               
     Insert, "The sum of $10,500,000 is appropriated to the University                              
     of Alaska from the budget reserve fund (art. IX, sec. 17,                                      
     Constitution of the State of Alaska)"                                                          
                                                                                                    
Page 3, line 20 to Page 4, line 5; delete all language                                              
                                                                                                    
Page 4, line 6; insert:                                                                             
"* Sec. 3. CONSTITUTIONAL BUDGET RESERVE FUND                                                       
APPROPRIATIONS                                                                                      
                                                                                                    
Page 4, line 11; delete, "this section"                                                             
 insert, "sections 1, 2 and 3"                                                                      
                                                                                                    
Page 4, lines 13 to 26; delete all language                                                         
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 1. Senator                                    
Green objected.                                                                                     
                                                                                                    
President Therriault invoked Mason's Manual Rule 102.                                               

2004-03-05                     Senate Journal                      Page 2434
Senator Lincoln called the Senate. The call was satisfied.                                          
                                                                                                    
Senator Ogan moved and asked unanimous consent to abstain from                                      
voting due to a conflict of interest. Objections were heard, and Senator                            
Ogan was required to vote.                                                                          
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSSSB 35(FIN)                                                                                      
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  5   NAYS:  11   EXCUSED:  4   ABSENT:  0                                                   
Yeas:  Elton, French, Guess, Lincoln, Olson                                                         
                                                                                                    
Nays:  Bunde, Cowdery, Green, Ogan, Seekins, Stedman, Stevens B,                                    
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Davis, Dyson, Ellis, Hoffman                                                              
                                                                                                    
and so, Amendment No. 1 failed to be adopted.                                                       
                                                                                                    
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                       
35(FIN) was automatically in third reading.                                                         
                                                                                                    
Senator Ben Stevens rose to a point of order. President Therriault                                  
cautioned members to proceed in order.                                                              
                                                                                                    
Senator Ben Stevens called the Senate. The call was satisfied.                                      
                                                                                                    
The question being: "Shall 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 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" pass the Senate?" The roll was taken                               
with the following result:                                                                          

2004-03-05                     Senate Journal                      Page 2435
                                                                                                    
CSSSSB 35(FIN)                                                                                      
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  16   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Elton, French, Green, Guess, Lincoln, Ogan,                                  
Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner,                                 
Wilken                                                                                              
                                                                                                    
Excused:  Davis, Dyson, Ellis, Hoffman                                                              
                                                                                                    
and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                               
35(FIN) passed the Senate.                                                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Senator Guess objected.                                                               
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSSSB 35(FIN)                                                                                      
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  12   NAYS:  4   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Elton, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  French, Guess, Lincoln, Olson                                                                
                                                                                                    
Excused:  Davis, Dyson, Ellis, Hoffman                                                              
                                                                                                    
and so, the effective date clauses failed to be adopted.                                            
                                                                                                    
Senator Ben Stevens moved for the adoption of the constitutional                                    
budget reserve fund section. Senator Elton objected.                                                
                                                                                                    
The question being: "Shall the constitutional budget reserve fund                                   
section (Article IX, Section 17(c) Constitution of the State of Alaska)                             
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-05                     Senate Journal                      Page 2436
                                                                                                    
CSSSSB 35(FIN)                                                                                      
Adopt Constitutional Budget Reserve Fund Section?                                                   
                                                                                                    
YEAS:  11   NAYS:  5   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Green, Ogan, Seekins, Stedman, Stevens B,                                    
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Elton, French, Guess, Lincoln, Olson                                                         
                                                                                                    
Excused:  Davis, Dyson, Ellis, Hoffman                                                              
                                                                                                    
and so, the constitutional budget reserve fund section failed to be                                 
adopted.                                                                                            
                                                                                                    
Senator Elton gave notice of reconsideration on CS FOR SPONSOR                                      
SUBSTITUTE FOR SENATE BILL NO. 35(FIN)(brf sup maj fld)(efd                                         
fld) "An Act making appropriations to the Department of Education                                   
and Early Development for K-12 educational programs; and making                                     
appropriations to the University of Alaska."                                                        
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Jed Wade                                                                                 
Representative(s) Stoltze                                                                           
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - Chancellor Marshall Lind in his Retirement                                               
Representative(s) Guttenberg                                                                        
Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Lincoln, Olson, Stedman, Ben Stevens, Gary                                   
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Joan M. Hurst                                                                         
Representative(s) Crawford                                                                          
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
                                                                                                    

2004-03-05                     Senate Journal                      Page 2437
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
SB 1                                                                                              
Senators Seekins, Bunde, Ben Stevens, Stedman, Green, Therriault                                    
moved and asked unanimous consent to be shown as cosponsors on                                      
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 1 "An Act                                                    
relating to the base student allocation used in the formula for state                               
funding of public education; and providing for an effective date."                                  
Without objection, it was so ordered.                                                               
                                                                                                    
SB 190                                                                                            
The reconsideration on 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" was not taken up this legislative                              
day and the bill was referred to the Secretary for engrossment.                                     
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 260                                                                                            
Senator French requested that the reconsideration on CS FOR                                         
SENATE BILL 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" be taken up. The bill was                               
before the Senate on reconsideration.                                                               
                                                                                                    
Senator Ben Stevens called the Senate.                                                              
                                                                                                    
The Senate adjourned.                                                                               
                                                                                                    
                                                                                                    

2004-03-05                     Senate Journal                      Page 2438
                        Senate Bills in Third Reading                                            
SB 260                                                                                            
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",                                  
which was before the Senate in third reading on reconsideration, will                               
be on the March 8 calendar.                                                                         
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 190                                                                                            
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" was engrossed, signed by the President and Secretary                                
and transmitted to the House for consideration.                                                     
                                                                                                    
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SB 348                                                                                            
CS FOR SENATE BILL NO. 348(FIN) "An Act approving and                                               
ratifying the sale of royalty oil by the State of Alaska to Flint Hills                             
Resources Alaska, LLC, and Flint Hills Resources, LLC; and                                          
providing for an effective date" 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 4:42 p.m.,                             
March 4, 2004.                                                                                      
                                                                                                    
                                                                                                    

2004-03-05                     Senate Journal                      Page 2439
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved that the Senate stand in adjournment                                      
(page 2437) until 11:00 a.m., March 8, 2004. Without objection, the                                 
Senate adjourned at 12:14 p.m.                                                                      
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2004                         

2004-03-05                     Senate Journal                      Page 2440
                                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 05        Friday                    Senate Finance 532            9:00 AM                     
+= SB 257 APPROP: CAPITAL PROJECTS                                                                  
              Dept. of Transportation and Public                                                    
              Facilities                                                                            
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-05                     Senate Journal                      Page 2441
                             FINANCE (continued)                                                 
                                                                                                    
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                                                                  
                   ----------------------------------------                                        
                                                                                                    
                     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                                                                  

2004-03-05                     Senate Journal                      Page 2442
                                  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 09        Tuesday                               Beltz 211         1:30 PM                     
+ SB 357 INSURANCE                                                                                  
+ SB 350 4 DAM POOL JOINT ACTION AGENCY                                                             
              Bills Previously Heard/Scheduled                                                      
              Including but Not Limited to:                                                         
+= 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                                                      
              Including but Not Limited to:                                                         
+= SB 319 CLAIMS AGAINST HEALTH CARE PROVIDERS                                                      
                                                                                                    

2004-03-05                     Senate Journal                      Page 2443
                         LABOR & COMMERCE(continued)                                             
                                                                                                    
Mar 16        Tuesday                               Beltz 211         1:30 PM                     
              Confirmation Hearings:                                                                
              Alcohol Beverage Control Board -                                                      
              Billy G. Andrews, Gail M. Niemi                                                       
              Board of Chiropractic Examiners -                                                     
              Dr. R. Clark Davis                                                                    
              Alaska Labor Relations Board -                                                        
              Randall C. Frank                                                                      
              Board of Marine Pilots -                                                              
              Tony J. Joslyn, Robert (Tiny) Schasteen                                               
              Personnel Board - Debra E. English                                                    
              Board of Certified Real Estate Appraisers                                             
              Nelida Irvine, Gene H. Shafer                                                         
              Real Estate Commission -                                                              
              Larry J. Bauer, Glenn Clary, Rita C.                                                  
              Stuckart                                                                              
              Board of Veterinary Examiners -                                                       
              David J. Hunt                                                                         
                                                                                                    
Mar 18        Thursday                              Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Mar 05        Friday                          Butrovich 205           3:30 PM                     
+= SB 312 CONVENTIONAL & NONCONVENTIONAL GAS LEASES                                                 
              <Above Bill Hearing Postponed>                                                        
+= SB 282 PREPARED FOOD:WILD/FARMED FISH DISCLOSURE                                                 
+= SB 347 GULF OF ALASKA GROUNDFISH MORATORIUM                                                      
+= SB 303 BIG GAME GUIDE BOARD & SERVICES                                                           
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
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                                                      
                                                                                                    

2004-03-05                     Senate Journal                      Page 2444
Mar 10        Wednesday                       Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 12        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Mar 09        Tuesday                               Beltz 211         3:30 PM                     
     SR   3 COMMEMORATING SEN. FRANK FERGUSON                                                       
+= SB 352 MANAGERS NOT EMPLOYEES UNDER P.E.R.A.                                                     
              <Bill Hearing Canceled>                                                               
              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 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                                                
                                                                                                    
                      COMMUNITY AND ECONOMIC DEVELOPMENT                                         
                                                                                                    
Mar 11        Thursday                  Senate Finance 532            1:30 PM                     
              DCED Sub-Committee                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-05                     Senate Journal                      Page 2445
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                        EDUCATION & EARLY DEVELOPMENT                                            
                                                                                                    
Mar 11        Thursday                  Senate Finance 532            3:00 PM                     
              FY05 Operating Budget Overview                                                        
                   ----------------------------------------                                        
                                                                                                    
                          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                                                                              
                   ----------------------------------------                                        
                                                                                                    
                        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                                                                              
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2004-03-05                     Senate Journal                      Page 2446
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                      TRANSPORTATION & PUBLIC FACILITIES                                         
                                                                                                    
Mar 09        Tuesday                   Senate Finance 532            3:00 PM                     
              DOT&PF Sub-Committee                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               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--                                              
              Plan of Action for Reviewing Open                                                     
              Meetings Guidelines                                                                   
              -- 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                                                                     

2004-03-05                     Senate Journal                      Page 2447
                          OTHER MEETINGS (continued)                                             
                                                                                                    
                       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                                                 
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Apr 02        Friday                       House Chamber            11:00 AM                      
              Address by US Senator Lisa Murkowski