Legislature(2003 - 2004)

2004-04-05 Senate Journal

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2004-04-05                     Senate Journal                      Page 2771
                                                                                                    
                                 SENATE JOURNAL                                                  
                                                                                                    
                            ALASKA STATE LEGISLATURE                                             
                                                                                                    
                   TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                    
                                                                                                    
Juneau, Alaska                             Monday                              April 5, 2004      
                                                                                                    
                                Eighty-fifth Day                                                 
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:30 a.m.                                                                            
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Mike Rose of the                                     
Juneau Christian Center. Senator Hoffman moved and asked                                            
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
      Heavenly Father, Thank You for this beautiful day to                                          
      celebrate and praise Your majestic name. As the Psalmist                                      
      said, "Oh, Lord, our Lord, how majestic is Your name in all                                   
      the earth." Lord, we thank You for the privilege of living in                                 
      this great nation with the rich Christian heritage, whereby                                   
      we proclaim that we are one nation under God indivisible                                      
      with liberty and justice for all. Lord, we pray for                                           
      righteousness to prevail over corruption, we pray for Your                                    
      intervention in all the affairs of government. We pray that                                   
      You will give our President, and the leadership in                                            
      Washington wisdom in all the decisions they make today.                                       
      We also ask for Your protection for our troops abroad, and                                    
      for Your grace and comfort to extend to their families.                                       
                                                                                                    
      Lord, grant wisdom to the Senate today in all their                                           
      deliberations, give them strength, insight and understanding                                  
      as they deal with each issue. We also pray that Your                                          
      protection and peace will be with their families. God, we                                     
      ask that the State of Alaska will be recognized by its                                        
      righteousness, prosperity and peace. I pray this in the name                                  
      of Jesus Christ.                                                            Amen.             

2004-04-05                     Senate Journal                      Page 2772
Senator Stedman led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                  Certification                                                  
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journals for the eighty-second through eighty-fourth legislative days                               
and House and Senate Joint Journal Supplement No. 17 be approved                                    
as certified by the Secretary. Without objection, it was so ordered.                                
                                                                                                    
                                                                                                    
                           Messages from the Governor                                            
                                                                                                    
SJR 26                                                                                            
Message dated April 1 and received April 2 was read, stating the                                    
Governor transmitted the engrossed and enrolled copies of the                                       
following resolution to the Lieutenant Governor's Office for                                        
permanent filing:                                                                                   
                                                                                                    
            CS FOR SENATE JOINT RESOLUTION NO.                                                      
            26(RES) Requesting the United States Department of                                      
            the Interior and the United States Department of                                        
            Justice to appeal the decision of the United States                                     
            Court of Appeals for the Ninth Circuit in The                                           
            Wilderness Society v. United States Fish and                                            
            Wildlife Service and to seek an emergency stay of the                                   
            decision pending an appeal of the decision.                                             
                                                                                                    
                           Legislative Resolve No. 37                                              
                                                                                                    
HJR 32                                                                                            
Message dated April 1 and received April 2 was read, stating the                                    
Governor transmitted the engrossed and enrolled copies of the                                       
following resolution to the Lieutenant Governor's Office for                                        
permanent filing:                                                                                   
                                                                                                    
            CS FOR HOUSE JOINT RESOLUTION NO.                                                       
            32(FSH) am S Relating to the labeling of fish and                                       
            fishery food products.                                                                  
                                                                                                    
                           Legislative Resolve No. 38                                              

2004-04-05                     Senate Journal                      Page 2773
                           Standing Committee Reports                                            
                                                                                                    
SB 170                                                                                            
Forthcoming Judiciary Committee Substitute (page 2755) for                                          
SENATE BILL NO. 170 "An Act relating to the Code of Criminal                                        
Procedure; relating to defenses, affirmative defenses, and justifications                           
to certain criminal acts; relating to rights of prisoners after arrest;                             
relating to discovery, immunity from prosecution, notice of defenses,                               
admissibility of certain evidence, and right to representation in                                   
criminal proceedings; relating to sentencing, probation, and                                        
discretionary parole; amending Rule 16, Alaska Rules of Criminal                                    
Procedure, and Rules 404, 412, 609, and 803, Alaska Rules of                                        
Evidence; and providing for an effective date" was received today:                                  
                                                                                                    
      CS FOR SENATE BILL NO. 170(JUD) "An Act relating to                                           
      murder in the second degree, the justification of defense of self                             
      or others, immunity from prosecution, sentencing, probation,                                  
      discretionary parole, and the right to representation in certain                              
      criminal proceedings; relating to violation of a custodian's                                  
      duty; relating to sexual abuse of a minor; relating to release of                             
      information concerning certain cases involving a minor;                                       
      relating to local options regarding alcoholic beverages, the                                  
      offense of furnishing or delivery of alcoholic beverages to a                                 
      person under 21 years of age, and forfeiture of property used                                 
      in, and money or other items of value used in financial                                       
      transactions derived from, violation of certain laws relating to                              
      alcoholic beverages; relating to assault by means of a                                        
      dangerous instrument; relating to operating or driving a motor                                
      vehicle, aircraft, or watercraft while under the influence of an                              
      alcoholic beverage, inhalant, or controlled substance, to the                                 
      refusal to submit to a chemical test, and to the presumptions                                 
      concerning the chemical analysis of breath or blood; and                                      
      providing for an effective date."                                                             
                                                                                                    
SB 354                                                                                            
Forthcoming State Affairs Committee Substitute (page 2756) for                                      
SENATE BILL NO. 354 "An Act relating to complaints filed with,                                      
and investigations, hearings, and orders of, the State Commission for                               
Human Rights; making conforming amendments; and providing for an                                    
effective date" was received today.                                                                 

2004-04-05                     Senate Journal                      Page 2774
SB 364                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 364 "An Act relating to liability for expenses of                                   
placement in certain mental health facilities; relating to the mental                               
health treatment assistance program; and providing for an effective                                 
date" and recommended it be replaced with                                                           
                                                                                                    
            CS FOR SENATE BILL NO. 364(HES)                                                         
                                                                                                    
and further recommended the adoption of a Health, Education and                                     
Social Services Committee Letter of Intent.                                                         
                                                                                                    
Signing do pass: Senator Dyson, Chair; Senators Green, Wilken.                                      
Signing do not pass: Senator Davis. Signing amend: Senator Guess.                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 524                                                                                            
The Resources Committee considered HOUSE BILL NO. 524 am "An                                        
Act relating to the protection of land and water from waste disposal;                               
providing for the regulation of waste management; making                                            
conforming amendments; and providing for an effective date" and                                     
recommended it be replaced with                                                                     
                                                                                                    
            SENATE CS FOR HOUSE BILL NO. 524(RES)                                                   
                                                                                                    
Signing do pass: Senator Ogan, Chair; Senators Seekins, Ben Stevens.                                
Signing no recommendation: Senators Dyson, Elton, Lincoln,                                          
Wagoner.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Environmental                                               
            Conservation                                                                            
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    

2004-04-05                     Senate Journal                      Page 2775
SJR 3                                                                                             
The Finance Committee considered SENATE JOINT RESOLUTION                                            
NO. 3 Proposing amendments to the Constitution of the State of                                      
Alaska relating to an appropriation limit and a spending limit, and                                 
recommended it be replaced with                                                                     
                                                                                                    
                       CS FOR SENATE JOINT RESOLUTION NO.                                          
               3(FIN) Proposing amendments to the Constitution of                                  
             the State of Alaska relating to an appropriation limit.                               
                                                                                                    
Signing no recommendation: Senators Green, Wilken, Cochairs.                                        
Signing do pass: Senators Dyson, Bunde, Ben Stevens. Signing do not                                 
pass: Senator Hoffman. Signing amend: Senator Olson.                                                
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Office of the Governor                                                          
                                                                                                    
The bill was accompanied by a spreadsheet analysis prepared by the                                  
Division of Legislative Finance.                                                                    
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HJR 34                                                                                            
The Resources Committee considered CS FOR HOUSE JOINT                                               
RESOLUTION NO. 34(FSH) Requesting the United States                                                 
Department of Agriculture and the United States Department of Labor                                 
to extend Trade Adjustment Assistance benefits to Alaska salmon                                     
fishermen; requesting the United States Congress and the United                                     
States Department of Agriculture to extend additional disaster and                                  
price support benefits to Alaska salmon fishermen; and requesting the                               
United States Department of Commerce to establish a Trade                                           
Adjustment Assistance program specific to commercial fishermen.                                     
Signing do pass: Senator Ogan, Chair; Senators Seekins, Elton, Dyson,                               
Ben Stevens. Signing no recommendation: Senators Lincoln,                                           
Wagoner.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Legislative Agency                                                        
                                                                                                    
The resolution was referred to the Rules Committee.                                                 

2004-04-05                     Senate Journal                      Page 2776
                   Introduction and Reference of Senate Bills                                    
                                                                                                    
SB 385                                                                                            
SENATE BILL NO. 385 BY THE SENATE HEALTH,                                                           
EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled:                                                  
                                                                                                    
            "An Act relating to homeland security, to civil                                         
            defense, to emergencies and to disasters, including                                     
            disasters in the event of attacks, outbreaks of disease,                                
            or threats of attack or outbreak of disease;                                            
            establishing the Alaska division of homeland security                                   
            and emergency management in the Department of                                           
            Military and Veterans' Affairs and relating to the                                      
            functions of that division and that department; and                                     
            providing for an effective date."                                                       
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                          Consideration of the Calendar                                          
                                                                                                    
                         Second Reading of Senate Bills                                          
                                                                                                    
SB 40                                                                                             
SENATE BILL NO. 40 "An Act relating to construction of highways                                     
by the Department of Transportation and Public Facilities" was read                                 
the second time.                                                                                    
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 2703.                                  
Without objection, 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" 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.                                                                    
                                                                                                    

2004-04-05                     Senate Journal                      Page 2777
President Therriault stated CS FOR SENATE BILL NO. 40(FIN) will                                     
be on the April 6 calendar.                                                                         
                                                                                                    
SB 82                                                                                             
SENATE BILL NO. 82 "An Act relating to the state alcoholic                                          
beverage tax for certain wine and other beverages" was read the                                     
second time.                                                                                        
                                                                                                    
Senator Bunde, Chair, moved and asked unanimous consent for the                                     
adoption of the Labor and Commerce Committee Substitute offered on                                  
page 639. Senator Ellis objected, then withdrew his objection. There                                
being no further objection, CS FOR SENATE BILL NO. 82(L&C)                                          
was adopted.                                                                                        
                                                                                                    
Senator Gary Stevens offered Title Amendment No. 1:                                                 
                                                                                                    
Page 1, line 2, following "beverages":                                                            
      Insert "on amounts sold in or consigned for shipment into the                               
state that exceed 100 gallons a month, and to the treatment of two                                
or more taxpayers who have a relationship for purposes of                                         
applying the tax for certain wine and other beverages"                                            
                                                                                                    
                                                                                                    
Senator Gary Stevens moved for the adoption of Title Amendment No.                                  
1. Senator Ellis objected.                                                                          
                                                                                                    
The question being: "Shall Title Amendment No. 1 be adopted?" The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSSB 82(L&C)                                                                                        
Second Reading                                                                                      
Title Amendment No. 1                                                                               
                                                                                                    
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, French, Green, Lincoln, Ogan,                                  
Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                 
                                                                                                    
Nays:  Ellis, Elton, Guess, Hoffman, Olson                                                          
                                                                                                    
and so, Title Amendment No. 1 was adopted.                                                          
                                                                                                    

2004-04-05                     Senate Journal                      Page 2778
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. 82(L&C)(title am) "An Act relating to                                        
the state alcoholic beverage tax for certain wine and other beverages                               
on amounts sold in or consigned for shipment into the state that exceed                             
100 gallons a month, and to the treatment of two or more taxpayers                                  
who have a relationship for purposes of applying the tax for certain                                
wine and other beverages" was read the third time.                                                  
                                                                                                    
Senator Ellis rose to a point of order.                                                             
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO.                                                   
82(L&C)(title am) "An Act relating to the state alcoholic beverage tax                              
for certain wine and other beverages on amounts sold in or consigned                                
for shipment into the state that exceed 100 gallons a month, and to the                             
treatment of two or more taxpayers who have a relationship for                                      
purposes of applying the tax for certain wine and other beverages"                                  
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSSB 82(L&C)(title am)                                                                              
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, CS FOR SENATE BILL NO. 82(L&C)(title am) passed the                                         
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
SB 328                                                                                            
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 328 "An Act                                                  
relating to the national forest income program in the Department of                                 
Community and Economic Development and to the authority of the                                      
department to adopt regulations; making conforming amendments; and                                  
providing for an effective date" was read the second time.                                          
                                                                                                    
                                                                                                    

2004-04-05                     Senate Journal                      Page 2779
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 2685.                                  
Senator Ellis objected.                                                                             
                                                                                                    
The question being: "Shall the Finance Committee Substitute be                                      
adopted?" The roll was taken with the following result:                                             
                                                                                                    
SSSB 328                                                                                            
Second Reading                                                                                      
Adopt Finance Committee Substitute?                                                                 
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                               
328(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. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SPONSOR SUBSTITUTE FOR                                           
SENATE BILL NO. 328(FIN) will be on the April 6 calendar.                                           
                                                                                                    
                          Second Reading of House Bills                                          
                                                                                                    
HB 340                                                                                            
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"                               
was read the second time.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
Senator French declared a conflict of interest.                                                     
                                                                                                    

2004-04-05                     Senate Journal                      Page 2780
CS FOR HOUSE BILL NO. 340(JUD) am was read the third time.                                          
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
CSHB 340(JUD) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 340(JUD) am passed the Senate.                                        
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                      Second Reading of Senate Resolutions                                       
                                                                                                    
SJR 3                                                                                             
SENATE JOINT RESOLUTION NO. 3 Proposing amendments to the                                           
Constitution of the State of Alaska relating to an appropriation limit                              
and a spending limit, was read the second time.                                                     
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 2775.                                  
Without objection, CS FOR SENATE JOINT RESOLUTION NO.                                               
3(FIN) Proposing amendments to the Constitution of the State of                                     
Alaska relating to an appropriation limit, was adopted.                                             
                                                                                                    
Senator Ogan offered Amendment No. 1:                                                               
                                                                                                    
                                                                                                    

2004-04-05                     Senate Journal                      Page 2781
Page 1, line 7:                                                                                     
      Delete ", (e), and (f)"                                                                       
                                                                                                    
Page 2, line 26:                                                                                    
      Delete ", (e), or (f)"                                                                        
                                                                                                    
Page 2, line 30, through page 3, line 11:                                                           
      Delete all material.                                                                          
                                                                                                    
Senator Ogan moved for the adoption of Amendment No. 1.                                             
Objections were heard.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSJR 3(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  4   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Ellis, Green, Ogan, Olson                                                                    
                                                                                                    
Nays:  Bunde, Cowdery, Davis, Dyson, Elton, French, Guess,                                          
Hoffman, Lincoln, Seekins, Stedman, Stevens B, Stevens G,                                           
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
and so, Amendment No. 1 failed to be adopted.                                                       
                                                                                                    
Senator Ogan offered Amendment No. 2:                                                               
                                                                                                    
Page 3, lines 9 - 11:                                                                               
      Delete "Notwithstanding Section 17 of Article II, a bill declaring                            
an extraordinary circumstance passed by the legislature may not                                     
become law unless signed by the governor."                                                          
                                                                                                    
Senator Ogan moved for the adoption of Amendment No. 2. Senator                                     
Bunde objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    

2004-04-05                     Senate Journal                      Page 2782
                                                                                                    
CSSJR 3(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln,                                 
Ogan, Olson, Wagoner                                                                                
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Seekins, Stedman, Stevens B,                                          
Stevens G, Therriault, Wilken                                                                       
                                                                                                    
and so, Amendment No. 2 was adopted.                                                                
                                                                                                    
President Therriault stated CS FOR SENATE JOINT RESOLUTION                                          
NO. 3 (FIN) am will be on the April 6 calendar.                                                     
                                                                                                    
SJR 31                                                                                            
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, was read the second time.                                                                
                                                                                                    
Senator Gary Stevens, Chair, moved and asked unanimous consent for                                  
the adoption of the State Affairs Committee Substitute offered on page                              
2562. Without objection, CS FOR SENATE JOINT RESOLUTION                                             
NO. 31(STA) was adopted.                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
resolution be considered engrossed, advanced to third reading and                                   
placed on final passage. Without objection, it was so ordered.                                      
                                                                                                    
CS FOR SENATE JOINT RESOLUTION NO. 31(STA) was read the                                             
third time.                                                                                         
                                                                                                    
The question being: "Shall CS FOR SENATE JOINT RESOLUTION                                           
NO. 31(STA) 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, pass the                                 
Senate?" The roll was taken with the following result:                                              
                                                                                                    
                                                                                                    

2004-04-05                     Senate Journal                      Page 2783
                                                                                                    
CSSJR 31(STA)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR SENATE JOINT RESOLUTION NO. 31(STA)                                                  
passed the Senate and was referred to the Secretary for engrossment.                                
                                                                                                    
SCR 12                                                                                            
SENATE CONCURRENT RESOLUTION NO. 12 was read the                                                    
second time and was before the Senate on final passage.                                             
                                                                                                    
Senator Wilken called the Senate. The call was satisfied.                                           
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 12 Requesting the Local Boundary Commission to consider                                         
borough incorporation for certain unorganized areas, pass the Senate?"                              
The roll was taken with the following result:                                                       
                                                                                                    
SCR 12                                                                                              
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Wagoner, Wilken                                                               
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Therriault                                                                                          
                                                                                                    
and so, SENATE CONCURRENT RESOLUTION NO. 12 passed the                                              
Senate.                                                                                             
                                                                                                    
Senator Lincoln gave notice of reconsideration.                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-05                     Senate Journal                      Page 2784
                               Unfinished Business                                               
                                                                                                    
                                 Concur Messages                                                 
                                                                                                    
SB 241                                                                                            
Senator Ben Stevens moved that the concur message, which had been                                   
held on the Secretary's desk April 1 (page 2755), be taken up at this                               
time. Without objection, it was so ordered.                                                         
                                                                                                    
Senator Ben Stevens moved that Senate concur in the House                                           
amendment to CS FOR SENATE BILL NO. 241(FIN) "An Act                                                
making an appropriation to the Department of Revenue for work                                       
related to bringing North Slope natural gas to market; and providing                                
for an effective date."                                                                             
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
CSSB 241(FIN) am H                                                                                  
Shall the Senate Concur in the House amendment to                                                   
CSSB 241(FIN)?   Effective Date                                                                     
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Bunde                                                                                        
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
CS FOR SENATE BILL NO. 241(FIN) am H "An Act making an                                              
appropriation to the Department of Revenue for work related to                                      
bringing North Slope natural gas to market; and providing for an                                    
effective date."                                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on concurrence be considered the vote on the effective date                                    
clause. Without objection, it was so ordered.                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-05                     Senate Journal                      Page 2785
Senator Ellis moved and asked unanimous consent that the House                                      
Letter of Intent (House Journal page 3182) be adopted. Senator Bunde                                
objected.                                                                                           
                                                                                                    
The question being: "Shall the House Letter of Intent be adopted?"                                  
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 241(FIN) am H                                                                                  
Adopt Letter of Intent?                                                                             
                                                                                                    
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Lincoln,                                 
Ogan, Olson, Seekins, Stedman, Stevens G, Therriault, Wilken                                        
                                                                                                    
Nays:  Bunde, Cowdery, Green, Stevens B, Wagoner                                                    
                                                                                                    
and so, the Legislative Letter of Intent was adopted.                                               
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
CS FOR SENATE BILL NO. 241(FIN) am H was referred to the                                            
Secretary for enrollment with the Legislative Letter of Intent.                                     
                                                                                                    
                                    Citations                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
following citation be made a special order of business. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    
                            Special Order of Business                                            
                                                                                                    
Honoring - The Service High School Hockey Team                                                      
Representative(s) Meyer                                                                             
Senator(s) Cowdery, Therriault, Davis, Dyson, Ellis, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citation be adopted. Without objection, the citation was adopted and                                
referred to the Secretary for transmittal.                                                          
                                                                                                    

2004-04-05                     Senate Journal                      Page 2786
                         Unfinished Business (continued)                                         
                                                                                                    
Senator Lincoln moved and asked unanimous consent to be excused                                     
from a call of the Senate on April 16. Without objection, Senator                                   
Lincoln was excused.                                                                                
                                                                                                    
Senator Wagoner moved and asked unanimous consent to be excused                                     
from a call of the Senate from plane time, April 8 to morning plane                                 
time, April 13. Without objection, Senator Wagoner was excused.                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent to be                                        
excused from a call of the Senate from plane time, April 8 to plane                                 
time, April 13. Without objection, Senator Gary Stevens was excused.                                
                                                                                                    
Senator Seekins moved and asked unanimous consent to be excused                                     
from a call of the Senate from afternoon plane time, April 29 to                                    
morning plane time, May 1. Without objection, Senator Seekins was                                   
excused.                                                                                            
                                                                                                    
SB 322                                                                                            
The reconsideration on SENATE BILL NO. 322 "An Act relating to                                      
the rate of the salmon enhancement tax" was not taken up this                                       
legislative day and the bill was referred to the Secretary for                                      
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                                  Announcements                                                  
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                   Engrossment                                                   
                                                                                                    
SB 82                                                                                             
CS FOR SENATE BILL NO. 82(L&C)(title am) "An Act relating to                                        
the state alcoholic beverage tax for certain wine and other beverages                               
on amounts sold in or consigned for shipment into the state that exceed                             
100 gallons a month, and to the treatment of two or more taxpayers                                  
who have a relationship for purposes of applying the tax for certain                                
wine and other beverages" was engrossed, signed by the President and                                
Secretary and transmitted to the House for consideration.                                           

2004-04-05                     Senate Journal                      Page 2787
SB 322                                                                                            
SENATE BILL NO. 322 "An Act relating to the rate of the salmon                                      
enhancement tax" was engrossed, signed by the President and                                         
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
SJR 31                                                                                            
CS FOR SENATE JOINT RESOLUTION NO. 31(STA) 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 was engrossed, signed by the President and Secretary                               
and transmitted 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 6, 2004. Without                                
objection, the Senate adjourned at 1:33 p.m.                                                        
                                                                                                    
                                                                               Kirsten Waid         
                                                                  Secretary of the Senate           
                                                                                                    
                                                                                   April 2004       

2004-04-05                     Senate Journal                      Page 2788
                                  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                                           
                                                                                                    
Apr 05            Monday                             Fahrenkamp 203                    1:30 PM    
                  No Meeting Scheduled                                                              
                                                                                                    
Apr 07            Wednesday                          Fahrenkamp 203                    1:30 PM    
+ SB 132 MINTO FLATS GAME REFUGE & TOWNSITE                                                         
                                                                                                    
Apr 09            Friday                             Fahrenkamp 203                    1:30 PM    
                  No Meeting Scheduled                                                              
                    ----------------------------------------                                       
                                                                                                    
                                     FINANCE                                                     
                                                                                                    
Apr 05            Monday                          Senate Finance 532                  9:00 AM     
+ SB 368 TOBACCO TAX; LICENSING; PENALTIES                                                          
+ SB 351 APOC REPORTS BY NONELECTRONIC MEANS                                                        
+ HB 357 RESTITUTION                                                                                
+ HB 513 CSED NAME CHANGE/DRIVER'S LIC.SUSPENSION                                                   
+                 Bills Previously Heard/Scheduled                                                  
+= SJR  3 CONST AM: APPROPRIATION/SPENDING LIMIT                                                    
                                                                                                    
Apr 06            Tuesday                         Senate Finance 532                  9:00 AM     
+                 Joint Meeting w/ Senate State Affairs                                             
                  Presentation on June 30, 2003 Actuarial Valuation Report                          
                  Mr. Bob Reynolds, Mercer Human Consulting                                         
+ SB 337 ENERGY PROGRAMS & FUNDS                                                                    
+ SB 303 BIG GAME GUIDE BOARD & SERVICES                                                            
+                 Bills Previously Heard/Scheduled                                                  
+= SB 351 APOC REPORTS BY NONELECTRONIC MEANS                                                       
+= HB 357 RESTITUTION                                                                               
+= HB 513 CSED NAME CHANGE/DRIVER'S LIC.SUSPENSION                                                  

2004-04-05                     Senate Journal                      Page 2789
                               FINANCE (continued)                                               
                                                                                                    
Apr 07            Wednesday                       Senate Finance 532                  9:00 AM     
+= SB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                      
+= SB 258 APPROP:MENTAL HEALTH BUDGET                                                               
+ HB 375 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
                  <Pending Referral>                                                                
+ HB 377 APPROP:MENTAL HEALTH BUDGET                                                                
                  <Pending Referral>                                                                
+= SB 374 PERMANENT FUND INCOME DISTRIBUTION                                                        
+                 Bills Previously Heard/Scheduled                                                  
                                                                                                    
Apr 08            Thursday                        Senate Finance 532                  9:00 AM     
+ SB 336 CORRECTIONS: FEES/SURCHARGE                                                                
+ HB 213 PROVISIONAL DRIVER'S LICENSE                                                               
+                 Bills Previously Heard/Scheduled                                                  
                                                                                                    
Apr 09            Friday                          Senate Finance 532                  9:00 AM     
                  No Meeting Scheduled                                                              
                    ----------------------------------------                                       
                                                                                                    
                       HEALTH, EDUCATION & SOCIAL SERVICES                                       
                                                                                                    
Apr 05            Monday                                 Butrovich 205                 1:30 PM    
+                 CONFIRMATION HEARINGS                                                             
+ SB 243 POSTSECONDARY STUDENT IMMUNIZATION                                                         
+ SB 385 SECURITY;DIV. HOMELAND SECURITY/EMER. MGT                                                  
+ SB 222 MEDICAL PATIENT BILLING DISCLOSURES                                                        
+                 Bills Previously Heard/Scheduled                                                  
                                                                                                    
Apr 07            Wednesday                              Butrovich 205                 1:30 PM    
+ HCR 31 TRAUMATIC BRAIN INJURY AWARENESS MONTH                                                     
+= HB  25 HEALTH CARE SERVICES DIRECTIVES                                                           
+                 Bills Previously Heard/Scheduled                                                  
+= SB 385 SECURITY;DIV. HOMELAND SECURITY/EMER. MGT                                                 
                                                                                                    
Apr 09            Friday                                 Butrovich 205                 1:30 PM    
                  No Meeting Scheduled                                                              
                    ----------------------------------------                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-05                     Senate Journal                      Page 2790
                                    JUDICIARY                                                    
                                                                                                    
Apr 05            Monday                                 Butrovich 205                8:00 AM     
+ SB 379 PERM FUND BOARD PUBLIC MEMBER REMOVAL                                                      
+= HB 230 POLITICAL SIGNS ON PRIVATE PROPERTY                                                       
+= SB 311 INSURANCE & WORKERS' COMPENSATION SYSTEM                                                  
+                 Bills Previously Heard/Scheduled                                                  
                                                                                                    
Apr 07            Wednesday                              Butrovich 205                8:00 AM     
+ SB 246 HATE CRIMES/DISCRIMINATION/TOLERANCE PROG                                                  
+ HB 350 CRIME VICTIMS' COMPENSATION FOR ARSON                                                      
+= HB 252 OCC LICENSING: TERMS OF BD & CONT. EDUC                                                   
+= SB 308 DOMESTIC VIOLENCE PROTECTIVE ORDERS                                                       
+= SB 323 WORKERS COMPENSATION AND CONTRACTORS                                                      
+                 Bills Previously Heard/Scheduled                                                  
                  *** Meeting Will Recess Until 5:30 PM ***                                         
                  Following Previously Heard/Scheduled Bill                                         
                  Will be Taken Up After Recess:  SB 311                                            
                  Meeting Will Reconvene in the Butrovich Room                                      
                                                                                                    
Apr 07            Wednesday                              Butrovich 205                 5:30 PM    
                  ***After Recess***                                                                
+= SB 311 INSURANCE & WORKERS' COMPENSATION SYSTEM                                                  
+                 Bills Previously Heard/Scheduled                                                  
                                                                                                    
Apr 09            Friday                                 Butrovich 205                8:00 AM     
                  No Meeting Scheduled                                                              
                    ----------------------------------------                                       
                                                                                                    
                                LABOR & COMMERCE                                                 
                                                                                                    
Apr 06            Tuesday                                       Beltz 211              1:30 PM    
+ SB 341 AVTEC ADMINISTRATION                                                                       
+ SB 272 DEFERRED DEPOSIT ADVANCES (PAYDAY LOANS)                                                   
+= HB 288 CHANGING NAME OF DEPT OF COMM & ECON DEV.                                                 
                  Bills Previously Heard/Scheduled                                                  
                  Including But Not Limited To:                                                     
+= HB 356 EXTEND ALCOHOL DELIVERY SITE SUNSET                                                       
                                                                                                    
Apr 08            Thursday                                      Beltz 211              1:30 PM    
                  -- Meeting Canceled --                                                            
                    ----------------------------------------                                       
                                                                                                    

2004-04-05                     Senate Journal                      Page 2791
                                    RESOURCES                                                    
                                                                                                    
Apr 05            Monday                                 Butrovich 205                 3:30 PM    
+ SB 378 POLLUTION DISCHARGE & WASTE TRMT/DISPOSAL                                                  
+ HB 486 MINING RECLAMATION ASSURANCES/FUND                                                         
+                 Bills Previously Heard/Scheduled                                                  
                                                                                                    
Apr 07            Wednesday                              Butrovich 205                 3:30 PM    
+                 Bills Previously Heard/Scheduled                                                  
                                                                                                    
Apr 09            Friday                                 Butrovich 205                 3:30 PM    
                  No Meeting Scheduled                                                              
                                                                                                    
Apr 12            Monday                                 Butrovich 205                 3:30 PM    
                  No Meeting Scheduled                                                              
                    ----------------------------------------                                       
                                                                                                    
                                  STATE AFFAIRS                                                  
                                                                                                    
Apr 06            Tuesday                         Senate Finance 532                  9:00 AM     
                  -- Time and Location Change --                                                    
                  Joint Meeting w/ Senate Finance                                                   
                  PERS/TERS Presentation                                                            
                                                                                                    
Apr 06            Tuesday                                       Beltz 211              3:30 PM    
+ HCR 29 SUPPORT THERAPEUTIC COURTS                                                                 
+ HB 494 ELECTRONIC PAYMENT FOR STATE BUSINESS                                                      
+ HB 447 2004 REVISORS BILL                                                                         
+ SB 219 OFFENSES AGAINST UNBORN CHILDREN                                                           
+                 Bills Previously Heard/Scheduled                                                  
                                                                                                    
Apr 08            Thursday                                      Beltz 211              3:30 PM    
                  No Meeting Scheduled                                                              
                    ----------------------------------------                                       
                                                                                                    
                                 TRANSPORTATION                                                  
                                                                                                    
Apr 06            Tuesday                                Butrovich 205                 1:30 PM    
+= SB 371 POWERS/DUTIES DOTPF                                                                       
                  Presentation on Pavement Research                                                 
                                                                                                    
                                                                                                    

2004-04-05                     Senate Journal                      Page 2792
                           TRANSPORTATION (continued)                                            
                                                                                                    
Apr 08            Thursday                               Butrovich 205                 1:30 PM    
                  No Meeting Scheduled                                                              
                    ----------------------------------------                                       
                                                                                                    
                                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 14            Wednesday                       Anch Lio Conf Rm                    8:30 AM     
                  -- Teleconference <Listen Only> --                                                
                  **SUBCOMMITTEE MEETING**                                                          
+                  Open Meetings                                                                    
                    ----------------------------------------                                       
                                                                                                    
                                 OTHER MEETINGS                                                  
                                                                                                    
                            ENERGY POLICY TASK FORCE                                             
                                                                                                    
Apr 10            Saturday                                   Anchorage               10:00 AM     
                  AIDEA/AEA Board Room                                                              
                  813 W. Northern Lights Blvd., Third Floor                                         
                    ----------------------------------------                                       
                                                                                                    
                             MISCELLANEOUS MEETINGS                                              
                                                                                                    
Apr 06            Tuesday                                Butrovich 205               12:00 PM     
                  Joint Legislative Health Caucus                                                   
+                 "Alaska's State of Mind:  Is Alaska's                                             
                  Mental Health Improving"