Legislature(2003 - 2004)

2004-03-31 Senate Journal

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2004-03-31                     Senate Journal                      Page 2701
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                   March 31, 2004                       
                                                                                                    
                                Eightieth Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:20 a.m.                                                                            
                                                                                                    
The roll showed nineteen members present. Senator Green was absent.                                 
                                                                                                    
The prayer was offered by the Chaplain, Pastor Gary Waterhouse of                                   
the Seventh Day Adventist Church. Senator Hoffman moved and                                         
asked unanimous consent that the prayer be spread. Without objection,                               
it was so ordered.                                                                                  
                                                                                                    
          Lord, We come to You today as Your servants, and                                          
           the servants of the people of the great state of Alaska.                                
                                                                                                    
          Today Lord, may each of us work with a humble,                                            
          kind, and gentle spirit. There is a constant temptation                                   
          to exalt ourselves, Lord. Help us to put self aside as                                    
          we work to produce legislation that will stand the test                                   
          of time. May our work here be to build up and not                                         
          tear down. Let us weed out of our conversations                                           
          everything that is harsh or severe. May our motives                                       
          be pure when examined under the microscope.                                               
                                                                                                    
          Lastly Lord, may we each practice that rule which is                                      
          called golden - to do unto others as we would wish                                        
          them to do to us.                                                                         
                                                                                                    
      In Thy name we pray,                                        Amen.                            
                                                                                                    
Senator Wagoner led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    

2004-03-31                     Senate Journal                      Page 2702
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journals for the seventy-eighth and seventy-ninth legislative days,                                 
Senate Journal Supplement No. 7 and Senate and House Joint Journal                                  
Supplement No. 16 be approved as certified by the Secretary. Without                                
objection, it was so ordered.                                                                       
                                                                                                    
The presence of Senator Green was noted.                                                            
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 291                                                                                            
Message dated March 29 was read, stating the House passed and                                       
returned:                                                                                           
                                                                                                    
                  SENATE BILL NO. 291 "An Act extending the                                        
             transition period for activities involving unstamped                                  
          cigarettes; and providing for an effective date."                                         
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Message dated March 29 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 428                                                                                            
CS FOR HOUSE BILL NO. 428(JUD) am BY THE HOUSE                                                      
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to civil liability for acts related to                                   
          obtaining alcohol for persons under 21 years of age                                       
          or for persons under 21 years of age being on                                             
          licensed premises."                                                                       
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    

2004-03-31                     Senate Journal                      Page 2703
                          Standing Committee Reports                                             
                                                                                                    
Report dated March 30 was read stating:                                                             
                                                                                                    
In accordance with AS 39.05.080, the Senate Labor and Commerce                                      
Committee reviewed the following and recommends the appointment                                     
be forwarded to a joint session for consideration:                                                  
                                                                                                    
Personnel Board                                                                                   
Laura Plenert - Ketchikan                                                                           
                                                                                                    
This does not reflect intent by any of the members to vote for or                                   
against her during any further sessions.                                                            
                                                                                                    
Signing the report: Senator Bunde, Chair; Senators Gary Stevens,                                    
French, Davis.                                                                                      
                                                                                                    
SB 40                                                                                             
The Finance Committee considered SENATE BILL NO. 40 "An Act                                         
relating to construction of highways by the Department of                                           
Transportation and Public Facilities" and recommended it be replaced                                
with                                                                                                
                                                                                                    
          CS FOR SENATE BILL NO. 40(FIN) "An Act                                                    
          relating to construction of highways by the                                               
          Department of Transportation and Public Facilities;                                       
          and providing for an effective date."                                                     
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Bunde,                                  
Ben Stevens. Signing do not pass: Senators Hoffman, Olson. Signing                                  
amend: Senator Dyson.                                                                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Transportation and Public                                   
          Facilities                                                                                
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    

2004-03-31                     Senate Journal                      Page 2704
SB 337                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
337 "An Act relating to the powers of the Alaska Energy Authority to                                
make grants and loans and enter into contracts; relating to the bulk fuel                           
revolving loan fund; relating to the Alaska Energy Authority's liability                            
for the provision of technical assistance to rural utilities; relating to the                       
Alaska Energy Authority's investment of the power development fund;                                 
repealing the electrical service extension fund; and providing for an                               
effective date" and recommended it be replaced with                                                 
                                                                                                    
     CS FOR SENATE BILL NO. 337(L&C) "An Act relating to                                            
     the powers of the Alaska Energy Authority to make grants                                       
     and loans, to enter into contracts, and to improve, equip,                                     
     operate, and maintain bulk fuel, waste energy, energy                                          
     conservation, energy efficiency, and alternative energy                                        
     facilities and equipment; relating to the bulk fuel revolving                                  
     loan fund; relating to the Alaska Energy Authority's liability                                 
     for the provision of technical assistance to rural utilities;                                  
     relating to the Alaska Energy Authority's investment of the                                    
     power development fund; repealing the electrical service                                       
     extension fund; and providing for an effective date."                                          
                                                                                                    
Signing do pass: Senator Bunde, Chair; Senators Seekins, Gary                                       
Stevens. Signing no recommendation: Senators Davis, French.                                         
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
 Fiscal Note No. 2, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 340                                                                                            
The Judiciary Committee considered SENATE BILL NO. 340 "An                                          
Act relating to the detention of delinquent minors in correctional                                  
facilities; relating to emergency detention of minors for evaluation for                            
involuntary admission for mental health treatment; relating to                                      
detention of intoxicated minors and minors incapacitated by alcohol or                              
drugs; and providing for an effective date." Signing do pass: Senator                               
Seekins, Chair; Senator Therriault. Signing no recommendation:                                      
Senators French, Ogan.                                                                              

2004-03-31                     Senate Journal                      Page 2705
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
 Fiscal Note No. 2, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 213                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
213(FIN) "An Act relating to a provisional driver's license and to                                  
issuance of a driver's license; and providing for an effective date."                               
Signing do pass: Senator Gary Stevens, Chair; Senator Cowdery.                                      
Signing no recommendation: Senators Stedman, Guess.                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Administration                                                    
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 340                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
340(JUD) am "An Act relating to damages in an action for a defect in                                
the design, construction, and remodeling of certain dwellings; and                                  
providing for an effective date." Signing do pass: Senator Seekins,                                 
Chair; Senators Therriault, Ogan. Signing no recommendation:                                        
Senator French.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 349                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
349(JUD) am "An Act amending Rule 412, Alaska Rules of Evidence"                                    
and recommended it be replaced with                                                                 
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          349(JUD)                                                                                  
          (forthcoming)                                                                             

2004-03-31                     Senate Journal                      Page 2706
Signing do pass: Senator Seekins, Chair; Senators Therriault, French.                               
Signing no recommendation: Senator Ogan.                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 394                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
394(HES) "An Act extending the termination date of the Alaska                                       
Commission on Aging and making technical revisions to citations                                     
related to the commission." Signing do pass: Senators Green, Wilken,                                
Cochairs; Senators Dyson, Hoffman, Olson, Bunde, Ben Stevens.                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 409                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 409(FSH) "An Act relating to the maximum length of                                         
salmon seine vessels; and providing for an effective date." Signing no                              
recommendation: Senator Bunde, Chair; Senators Gary Stevens,                                        
French. Signing do pass: Senator Davis.                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
                                                                                                    
The bill was referred to the Resources Committee.                                                   
                                                                                                    
HB 478                                                                                            
The Labor and Commerce Committee considered HOUSE BILL NO.                                          
478 "An Act relating to the issuance of commercial fishing interim-use                              
permits; and providing for an effective date." Signing no                                           
recommendation: Senator Bunde, Chair; Senators French, Gary                                         
Stevens. Signing do pass: Senator Davis.                                                            
                                                                                                    

2004-03-31                     Senate Journal                      Page 2707
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 513                                                                                            
The Judiciary Committee considered HOUSE BILL NO. 513 "An Act                                       
relating to the enforcement of support orders through suspension of                                 
drivers' licenses; changing the name of the child support enforcement                               
agency to the child support services agency; amending Rules 90.3 and                                
90.5, Alaska Rules of Civil Procedure; and providing for an effective                               
date" and recommended it be replaced with                                                           
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 513(JUD)                                                     
                                                                                                    
Signing no recommendation: Senator Seekins, Chair; Senators French,                                 
Therriault. Signing do not pass: Senator Ogan.                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 2, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SJR 25                                                                                            
The State Affairs Committee considered SENATE JOINT                                                 
RESOLUTION NO. 25 Recommending that certain federal funding                                         
restrictions be eased so that more villages in Alaska would qualify for                             
assistance relating to flooding and erosion. Signing do pass: Senator                               
Gary Stevens, Chair; Senators Cowdery, Stedman, Guess.                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-31                     Senate Journal                      Page 2708
SJR 31                                                                                            
The Resources Committee considered SENATE JOINT                                                     
RESOLUTION NO. 31 Relating to urging the United States Congress                                     
to compensate the State of Alaska for the effect of federal land                                    
ownership on the state's ability to fund public education, and                                      
recommended the adoption of the State Affairs Committee Substitute                                  
offered on page 2562. Signing do pass: Senator Wagoner, Vice Chair;                                 
Senators Dyson, Seekins. Signing no recommendation: Senators Elton,                                 
Ben Stevens.                                                                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Senate State Affairs Committee                                            
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
HJR 35                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
JOINT RESOLUTION NO. 35(L&C) Relating to bovine spongiform                                          
encephalopathy, commonly known as mad cow disease, and country-                                     
of-origin labeling for meat products. Signing no recommendation:                                    
Senator Bunde, Chair; Senator Gary Stevens. Signing do pass:                                        
Senators Davis, French.                                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House Labor and Commerce Committee                                        
                                                                                                    
The resolution was referred to the Resources Committee.                                             
                                                                                                    
HCR 25                                                                                            
The State Affairs Committee considered CS FOR HOUSE                                                 
CONCURRENT RESOLUTION NO. 25(RES) Relating to Alaska                                                
Wild Salmon Week, June 28 - July 4, 2004. Signing do pass: Senator                                  
Gary Stevens, Chair; Senators Cowdery, Stedman, Guess.                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-31                     Senate Journal                      Page 2709
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
                                                                                                    
The resolution was referred to the Resources Committee.                                             
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 382                                                                                            
SENATE BILL NO. 382 BY THE SENATE TRANSPORTATION                                                    
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to replat approval; relating to the                                      
          platting of right-of-way acquired through eminent                                         
          domain proceedings; and providing for an effective                                        
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Transportation and                                      
Community and Regional Affairs Committees.                                                          
                                                                                                    
SB 383                                                                                            
SENATE BILL NO. 383 BY THE SENATE HEALTH,                                                           
EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled:                                                  
                                                                                                    
            "An Act relating to the Alaska children's trust grant                                  
          awards."                                                                                  
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
SB 384                                                                                            
SENATE BILL NO. 384 BY THE SENATE TRANSPORTATION                                                    
COMMITTEE, entitled:                                                                                
                                                                                                    
              "An Act relating to a natural gas pipeline with a                                    
          terminus at the Cook Inlet Basin."                                                        
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    

2004-03-31                     Senate Journal                      Page 2710
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 274                                                                                            
SENATE BILL NO. 274 "An Act relating to the housing assistance                                      
loan fund in the Alaska Housing Finance Corporation; creating the                                   
housing assistance loan program; repealing loans for teacher housing                                
and providing for loans for multi-family housing; making conforming                                 
amendments; and providing for an effective date" was read the second                                
time.                                                                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE BILL NO. 274 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 274 "An Act relating                                     
to the housing assistance loan fund in the Alaska Housing Finance                                   
Corporation; creating the housing assistance loan program; repealing                                
loans for teacher housing and providing for loans for multi-family                                  
housing; making conforming amendments; and providing for an                                         
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SB 274                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Absent:  Bunde, Ogan                                                                                
                                                                                                    
and so, SENATE BILL NO. 274 passed the Senate.                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-31                     Senate Journal                      Page 2711
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
SB 276                                                                                            
SENATE BILL NO. 276 "An Act relating to the Alaska Insurance                                        
Guaranty Association; relating to joint insurance arrangements and                                  
assessments to the association; relating to the powers of the Alaska                                
Industrial Development and Export Authority concerning the                                          
association; and providing for an effective date" was read the second                               
time.                                                                                               
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 2598.                                  
Senator Ellis objected, then withdrew his objection. There being no                                 
further objection, CS FOR SENATE BILL NO. 276(FIN) "An Act                                          
relating to the Alaska Insurance Guaranty Association; relating to the                              
powers of the Alaska Industrial Development and Export Authority                                    
concerning the association; and providing for an effective date" was                                
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 276(FIN)                                         
will be on the April 1 calendar.                                                                    
                                                                                                    
SB 279                                                                                            
SENATE BILL NO. 279 "An Act authorizing and relating to the                                         
issuance of bonds by the Alaska Housing Finance Corporation for safe                                
and clean water and hygienic sewage disposal facility capital projects                              
and other capital projects; providing for the repayment of the bonds                                
and bond costs; relating to the dividend paid to the state by the Alaska                            
Housing Finance Corporation; and providing for an effective date"                                   
was read the second time.                                                                           
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-31                     Senate Journal                      Page 2712
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 2599.                                  
Without objection, CS FOR SENATE BILL NO. 279(FIN) was                                              
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 279(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 279(FIN)                                          
"An Act authorizing and relating to the issuance of bonds by the                                    
Alaska Housing Finance Corporation for safe and clean water and                                     
hygienic sewage disposal facility capital projects and other capital                                
projects; providing for the repayment of the bonds and bond costs;                                  
relating to the dividend paid to the state by the Alaska Housing                                    
Finance Corporation; and providing for an effective date" pass the                                  
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 279(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR SENATE BILL NO. 279(FIN) passed the Senate.                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-31                     Senate Journal                      Page 2713
SB 301                                                                                            
SENATE BILL NO. 301 "An Act relating to the Alaska Pioneers'                                        
Home, and the Alaska Veterans' Home; relating to eligibility for                                    
admission to the Alaska Pioneers' Home and Alaska Veterans' Home;                                   
relating to state veterans' home facilities; making conforming                                      
amendments; and providing for an effective date" was read the second                                
time.                                                                                               
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 2654.                                  
Senator Ellis objected, then withdrew his objection. There being no                                 
further objection, CS FOR SENATE BILL NO. 301(FIN) "An Act                                          
relating to the Alaska Pioneers' Home and the Alaska Veterans' Home;                                
relating to eligibility for admission to the Alaska Pioneers' Home and                              
Alaska Veterans' Home; relating to the eligibility of residents for the                             
Alaska Pioneers' Home and the Alaska Veterans' Home for general                                     
relief assistance; relating to state veterans' home facilities; making                              
conforming amendments; and providing for an effective date" was                                     
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 301(FIN)                                         
will be on the April 1 calendar.                                                                    
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 397                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 397(JUD) was read                                               
the third time.                                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 397(JUD) "An Act relating to defense contacts with and                                          
recordings of statements of victims and witnesses of sexual offenses"                               
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-31                     Senate Journal                      Page 2714
                                                                                                    
SCS CSHB 397(JUD)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 397(JUD)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                                  Citations                                                      
                                                                                                    
In Memoriam - Arsenio Villanuava Credo                                                              
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Hector P. Therriault                                                                  
Representative(s) Coghill                                                                           
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                  
French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins,                                       
Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 286                                                                                            
Senator Ellis requested that the reconsideration on CS FOR SENATE                                   
BILL NO. 286(FIN) be taken up. The bill was before the Senate on                                    
reconsideration.                                                                                    

2004-03-31                     Senate Journal                      Page 2715
Senator Lincoln moved and asked unanimous consent to be shown as a                                  
cosponsor on the bill. Without objection, it was so ordered.                                        
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
286(FIN) "An Act relating to direct marketing fisheries businesses, to                              
the fisheries business tax, and to liability for payment of taxes and                               
assessments on the sale or transfer of fishery resources; and providing                             
for an effective date" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
CSSB 286(FIN)                                                                                       
Third Reading - On Reconsideration                                                                  
Effective Dates                                                                                     
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR SENATE BILL NO. 286(FIN) passed the Senate on                                        
reconsideration.                                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 348                                                                                            
Senator Ellis requested that the reconsideration on CS FOR HOUSE                                    
BILL NO. 348(JUD) "An Act relating to the rights of certain victims                                 
of crime to receive information about the office of victims' rights and                             
the Violent Crimes Compensation Board" be taken up. The bill was                                    
before the Senate on reconsideration.                                                               
                                                                                                    
Senator Dyson declared a conflict of interest.                                                      
                                                                                                    
Senator Lincoln moved and asked unanimous consent to be shown as a                                  
cross sponsor on the bill. Without objection, it was so ordered.                                    

2004-03-31                     Senate Journal                      Page 2716
The question to be reconsidered: "Shall CS FOR HOUSE BILL NO.                                       
348(JUD) "An Act relating to the rights of certain victims of crime to                              
receive information about the office of victims' rights and the Violent                             
Crimes Compensation Board" pass the Senate?" The roll was taken                                     
with the following result:                                                                          
                                                                                                    
CSHB 348(JUD)                                                                                       
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 348(JUD) passed the Senate on                                         
reconsideration, was signed by the President and Secretary and                                      
returned to the House with a Legislative Letter of Intent.                                          
                                                                                                    
HB 398                                                                                            
Senator Ellis requested that the reconsideration on SENATE CS FOR                                   
CS FOR HOUSE BILL NO. 398(JUD) be taken up. The bill was                                            
before the Senate on reconsideration.                                                               
                                                                                                    
Senators Lincoln, French, Elton, Ellis moved and asked unanimous                                    
consent to be shown as cross sponsors on the bill. Without objection, it                            
was so ordered.                                                                                     
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 398(JUD) "An Act relating to domestic violence                                       
fatality review teams" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
SCS CSHB 398(JUD)                                                                                   
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD)                                                
passed the Senate on reconsideration and was referred to the Secretary                              
for engrossment.                                                                                    

2004-03-31                     Senate Journal                      Page 2717
                       Unfinished Business (continued)                                           
                                                                                                    
HB 397                                                                                            
Senators French, Dyson, Lincoln, Ellis, Elton moved and asked                                       
unanimous consent to be shown as cross sponsors on SENATE CS                                        
FOR CS FOR HOUSE BILL NO. 397(JUD) "An Act relating to                                              
defense contacts with and recordings of statements of victims and                                   
witnesses of sexual offenses." Without objection, it was so ordered.                                
                                                                                                    
HB 348                                                                                            
Senators French, Ellis moved and asked unanimous consent to be                                      
shown as cross sponsors on CS FOR HOUSE BILL NO. 348(JUD)                                           
"An Act relating to the rights of certain victims of crime to receive                               
information about the office of victims' rights and the Violent Crimes                              
Compensation Board." Without objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 274                                                                                            
SENATE BILL NO. 274 "An Act relating to the housing assistance                                      
loan fund in the Alaska Housing Finance Corporation; creating the                                   
housing assistance loan program; repealing loans for teacher housing                                
and providing for loans for multi-family housing; making conforming                                 
amendments; and providing for an effective date" was engrossed,                                     
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
SB 279                                                                                            
CS FOR SENATE BILL NO. 279(FIN) "An Act authorizing and                                             
relating to the issuance of bonds by the Alaska Housing Finance                                     
Corporation for safe and clean water and hygienic sewage disposal                                   
facility capital projects and other capital projects; providing for the                             
repayment of the bonds and bond costs; relating to the dividend paid to                             
the state by the Alaska Housing Finance Corporation; and providing                                  
for an effective date" was engrossed, signed by the President and                                   
Secretary and transmitted to the House for consideration.                                           

2004-03-31                     Senate Journal                      Page 2718
SB 286                                                                                            
CS FOR SENATE BILL NO. 286(FIN) "An Act relating to direct                                          
marketing fisheries businesses, to the fisheries business tax, and to                               
liability for payment of taxes and assessments on the sale or transfer of                           
fishery resources; and providing for an effective date" was engrossed,                              
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
HB 398                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD) "An Act                                                
relating to domestic violence fatality review teams" was engrossed,                                 
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., April 1, 2004. Without                                
objection, the Senate adjourned at 12:23 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2004                         

2004-03-31                     Senate Journal                      Page 2719
                                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 31        Wednesday                    Fahrenkamp 203             1:30 PM                     
+ SB 361 SMALL CRUISE SHIP DISCHARGES                                                               
                                                                                                    
Apr 02        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Mar 31        Wednesday                 Senate Finance 532            9:00 AM                     
+ SB 357 INSURANCE                                                                                  
+= SB 366 STATE  SALES TAX                                                                          
              <Listen Only Teleconference - above Bill>                                             
+             Bills Previously Heard/Scheduled                                                      
+= SJR  3 CONST AM: APPROPRIATION/SPENDING LIMIT                                                    
                                                                                                    
Apr 01        Thursday                  Senate Finance 532            9:00 AM                     
+ SB 255 ILLEGAL USE TRAFFIC PREEMPTION DEVICE                                                      
+ SB 350 4 DAM POOL JOINT ACTION AGENCY                                                             
+             Monetary Terms of Collective Bargaining Units                                         
+             Bills Previously Heard/Scheduled                                                      
+= SB 357 INSURANCE                                                                                 
+= SB 366 STATE  SALES TAX                                                                          
              <Listen Only Teleconference - above Bill>                                             
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-31                     Senate Journal                      Page 2720
                             FINANCE (continued)                                                 
                                                                                                    
Apr 02        Friday                    Senate Finance 532            9:00 AM                     
+= SB 313 FIRST SUPPLEMENTAL APPROPRIATION                                                          
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Mar 31        Wednesday                       Butrovich 205           1:30 PM                     
              -- Teleconference <Listen Only> --                                                    
+ SB 248 HIGH SCHOOL COMPETENCY EXAMS/DIPLOMAS                                                      
+ SB 372 SECONDARY SCHOOL ASSESSMENTS                                                               
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 02        Friday                          Butrovich 205           1:30 PM                     
+= HB  25 HEALTH CARE SERVICES DIRECTIVES                                                           
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Mar 31        Wednesday                       Butrovich 205           8:00 AM                     
+ HB 340 DAMAGES IN CONSTRUCTION CLAIMS                                                             
+= SB 340 DETENTION OF MINORS                                                                       
+= HB 349 ILLEGALLY OBTAINED EVIDENCE/EVID RULE 412                                                 
+= HB 513 CSED NAME CHANGE/DRIVER'S LIC.SUSPENSION                                                  
+             Bills Previously Heard/Scheduled                                                      
              ***Meeting will recess until 1:00 p.m.***                                             
              Following Previously Heard/Scheduled Bill                                             
              will be taken up after recess:                                                        
              SB 170 CRIMINAL LAW/SENTENCING/ PROBATION                                             
              Meeting will reconvene in the Beltz Room                                              
                                                                                                    
Mar 31        Wednesday                             Beltz 211         1:00 PM                     
                        ***AFTER RECESS ***                                                         
              Bills Previously Heard/Scheduled:                                                     
= SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE                                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-31                     Senate Journal                      Page 2721
                            JUDICIARY (continued)                                                
                                                                                                    
Apr 02        Friday                          Butrovich 205           8:00 AM                     
+ SB 318 CONSUMPTIVE USE OF FISH AND GAME                                                           
              <Pending Referral>                                                                    
+= SB 319 CLAIMS AGAINST HEALTH CARE PROVIDERS                                                      
+= SB 323 WORKERS COMPENSATION AND CONTRACTORS                                                      
+             Bills Previously Heard/Scheduled                                                      
+= SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE                                                 
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 01        Thursday                              Beltz 211         1:30 PM                     
+ SB 377 STATE MECHANICAL CODE                                                                      
+ SB 365 SPEECH-LANGUAGE PATHOLOGIST ASSISTANTS                                                     
+ HB 341 DIVE FISHERY MANAGEMENT ASSESSMENT                                                         
              Bills Previously Heard/Scheduled                                                      
              Including but Not Limited to:                                                         
= SB 358 ALASKA RAILROAD TRACK WORK                                                                 
              <Bill Hearing Postponed>                                                              
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Mar 31        Wednesday                 Senate Finance 532            3:30 PM                     
              -- Location Change --                                                                 
+ HJR 34 FED TRAINING AND ASSISTANCE FOR FISHERMEN                                                  
              <Bill Hearing Postponed to 4/2/04>                                                    
              Alaska Stranded Gas Act Applications -                                                
              Testimony by Invitation Only                                                          
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 02        Friday                          Butrovich 205           3:30 PM                     
+= HJR 34 FED TRAINING AND ASSISTANCE FOR FISHERMEN                                                 
              <Bill Hearing Rescheduled from 03/31/04>                                              
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-31                     Senate Journal                      Page 2722
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 01        Thursday                              Beltz 211         3:30 PM                     
+ SB 231 DECREASE TIME TO CLAIM UNCLAIMED PROPERTY                                                  
+ SJR 30 AMEND & FUND  NO CHILD LEFT BEHIND ACT                                                     
+= SB 354 HUMAN RIGHTS COMMISSION PROCEDURES                                                        
              Bills Previously Heard/Scheduled                                                      
+= HB  91 RETIRED PEACE OFFICER'S MEDICAL BENEFITS                                                  
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 01        Thursday                        Butrovich 205           1:30 PM                     
              -- Rescheduled from 03/30/04 --                                                       
= SB 371 POWERS/DUTIES DOTPF                                                                        
     SB 382 EMINENT DOMAIN/REPLAT OF BOUNDARY CHANGES                                               
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                 CORRECTIONS                                                     
                                                                                                    
Apr 01        Thursday                  Senate Finance 532           12:00 PM                     
              FY 05 Budget Close-out                                                                
                   ----------------------------------------                                        
                                                                                                    
                        EDUCATION & EARLY DEVELOPMENT                                            
                                                                                                    
Mar 31        Wednesday                    Fahrenkamp 203             4:00 PM                     
              Department of Education and Early                                                     
              Development Budget Close-out                                                          
                   ----------------------------------------                                        
                                                                                                    
                          ENVIRONMENTAL CONSERVATION                                             
                                                                                                    
Apr 02        Friday                                Beltz 211        12:00 PM                     
              FY 05 Operating Budget Close-out                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-31                     Senate Journal                      Page 2723
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                           HEALTH & SOCIAL SERVICES                                              
                                                                                                    
Apr 01        Thursday                  Senate Finance 532            4:00 PM                     
              -- Meeting Canceled --                                                                
              FY 05 Budget: Unfinished Business &                                                   
              Preliminary Close-out                                                                 
                                                                                                    
Apr 03        Saturday                  Senate Finance 532          10:00 AM                      
              -- Meeting Canceled --                                                                
              FY 05 Budget Close-out                                                                
                   ----------------------------------------                                        
                                                                                                    
                                   REVENUE                                                       
                                                                                                    
Apr 01        Thursday                     Fahrenkamp 203             5:00 PM                     
              FY 05 Operating Budget Close-out                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Apr 15        Thursday                   House Finance 519           12:00 PM                     
              Veteran's Home Feasibility Study                                                      
              Presented by ASCG                                                                     
                   ----------------------------------------                                        
                                                                                                    
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                       
                                                                                                    
Apr 01        Thursday                  Anch Lio Conf Rm              8:30 AM                     
              -- Teleconference <Listen Only> --                                                    
              ** SUBCOMMITTEE MEETING **                                                            
              Open Meetings                                                                         
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Apr 02        Friday                       House Chamber            11:00 AM                      
              Address by US Senator Lisa Murkowski