Legislature(2003 - 2004)

2004-04-06 Senate Journal

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2004-04-06                     Senate Journal                      Page 2793
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Tuesday                      April 6, 2004                     
                                                                                                    
                               Eighty-sixth Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:53 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 is the day, which You                                         
  have made, we will rejoice in it and be glad. We pray the                                         
  prayer found in the Bible of a man named Jabez who                                                
  overcame adverse circumstances in his life by faith and                                           
  confidence in You. He boldly called on the God of Israel                                          
  saying, "Oh, that You would bless me indeed, and enlarge my                                       
  territory, that Your hand would be with me, and that You                                          
  would keep me from evil, that I may not cause pain!" So You                                       
  granted him what he requested. Lord, as we reflect on this                                        
  prayer we understand that in the same way that You blessed                                        
  and honored Jabez, You want to bless and honor us. We boldly                                      
  ask today for Your blessing, the enlarging of our borders, Your                                   
  hand upon us, and protection from evil. You told us: Ask and                                      
  it shall be given to you, seek and you will find, knock and the                                   
  door will be opened to you…"                                                                      
                                                                                                    
  Lord, thank You for each of these leaders in the Senate. Thank                                    
  You for their commitment to serve the people of this great                                        
  state. We petition You to bless them with wisdom, for each                                        
  decision they make today. We also pray blessing and                                               
  protection upon each of their family members today.                                               
                                                                                                    
  I pray this in the matchless name of Jesus Christ.       Amen.                                    

2004-04-06                     Senate Journal                      Page 2794
Senator Seekins led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the eighty-fifth legislative day be approved as certified by                            
the Secretary. Without objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HB 398                                                                                            
Message dated April 5 was read, stating the House concurred in the                                  
Senate amendment to CS FOR HOUSE BILL NO. 398(JUD) am, thus                                         
adopting:                                                                                           
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
                398(JUD) "An Act relating to domestic violence                                     
          fatality review teams."                                                                   
                                                                                                    
SCR 23                                                                                            
Message dated April 5 was read, stating the House passed and                                        
returned:                                                                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 23                                                       
          Authorizing a recess by the Senate and the House of                                       
          Representatives for a period of more than three days,                                     
          those days being April 9, 10, 11, and 12 of 2004.                                         
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
Message dated April 5 was read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 378                                                                                            
HOUSE BILL NO. 378 BY THE HOUSE FINANCE COMMITTEE,                                                  
entitled:                                                                                           

2004-04-06                     Senate Journal                      Page 2795
          "An Act relating to the Alaska Food, Drug, and                                            
          Cosmetic Act, including sales, advertising, certain                                       
          devices, food donors, and food banks; making certain                                      
          violations of organic food provisions and of the                                          
          Alaska Food, Drug, and Cosmetic Act unfair methods                                        
          of competition and unfair or deceptive acts or                                            
          practices under certain of the state's unfair trade                                       
          practices and consumer protection laws; and                                               
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary and                            
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated April 5 was read, stating:                                                             
                                                                                                    
In accordance with AS 39.05.080, the Senate Health, Education and                                   
Social Services Committee reviewed the following and recommends                                     
the appointments be forwarded to a joint session for consideration:                                 
                                                                                                    
Occupational Safety and Health Review Board                                                       
Thor R. Christianson - Sitka                                                                        
                                                                                                    
Board of Dental Examiners                                                                         
Mary Ann Cerney - Fairbanks                                                                         
Dr. Arne R. Pihl - Ketchikan                                                                        
                                                                                                    
State Medical Board                                                                               
Dr. Robert A. Breffeilh - Juneau                                                                    
Dr. John T. Duddy - Anchorage                                                                       
Dr. G. Bert Flaming - Glennallen                                                                    
Dr. David M. Head - Nome                                                                            
Michael J. Tauriainen - Soldotna                                                                    
                                                                                                    
Board of Certified Direct-Entry Midwives                                                          
Dr. Mark E. Richey - Anchorage                                                                      
                                                                                                    

2004-04-06                     Senate Journal                      Page 2796
Board of Nursing                                                                                  
Patricia M. Swenson - Anchorage                                                                     
                                                                                                    
Board of Pharmacy                                                                                 
Cindy Bueler - Anchorage                                                                            
Captain Gary M. Givens - Anchorage                                                                  
Michael Pauley - Eagle River                                                                        
                                                                                                    
There were no stated objections to the confirmation of the named                                    
individuals by committee members. This does not reflect an intent by                                
any of the members to vote for or against the individuals during any                                
further sessions.                                                                                   
                                                                                                    
Signing the report: Senator Dyson, Chair; Senators Davis, Green,                                    
Wilken.                                                                                             
                                                                                                    
SB 378                                                                                            
The Resources Committee considered SENATE BILL NO. 378 "An                                          
Act relating to regulation of the discharge of pollutants from timber-                              
related activities under the National Pollutant Discharge Elimination                               
System; relating to waste treatment and disposal permits; making                                    
conforming amendments; and providing for an effective date." Signing                                
no recommendation: Senator Ogan, Chair; Senator Dyson. Signing do                                   
pass: Senators Seekins, Ben Stevens, Wagoner.                                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Environmental Conservation                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 486                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
486(FIN) "An Act relating to reclamation bonding and financial                                      
assurance for certain mines; relating to financial assurance limits for                             
lode mines; establishing the mine reclamation trust fund; and                                       
providing for an effective date." Signing do pass: Senator Ogan, Chair;                             
Senators Dyson, Seekins, Ben Stevens, Wagoner.                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-06                     Senate Journal                      Page 2797
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
 Fiscal Note No. 2, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 384                                                                                            
President Therriault added a Transportation Committee referral to                                   
SENATE BILL NO. 384 "An Act relating to a natural gas pipeline                                      
with a terminus at the Cook Inlet Basin."                                                           
                                                                                                    
The bill was referred to the Transportation, then Labor and Commerce                                
and Finance Committees.                                                                             
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 329                                                                                            
SENATE BILL NO. 329 "An Act relating to control of nuisance                                         
moose" was read the second time.                                                                    
                                                                                                    
Senator Ogan, Chair, moved and asked unanimous consent for the                                      
adoption of the Resources Committee Substitute offered on page 2655.                                
Senator Ellis objected, then withdrew his objection. There being no                                 
further objections, CS FOR SENATE BILL NO. 329(RES) was                                             
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 329(RES)                                         
will be on the April 7 calendar.                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-06                     Senate Journal                      Page 2798
                        Second Reading of House Bills                                            
                                                                                                    
HB 344                                                                                            
CS FOR HOUSE BILL NO. 344(RES) "An Act relating to annual                                           
rental fees, statements of annual labor, and production royalty for                                 
mining claims; and providing a cure for abandonment" was read the                                   
second time.                                                                                        
                                                                                                    
Senator Ogan, Chair, moved and asked unanimous consent for the                                      
adoption of the Resources Senate Committee Substitute offered on                                    
page 2656. Without objection, SENATE CS FOR CS FOR HOUSE                                            
BILL NO. 344(RES) was adopted.                                                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 344(RES) was read                                               
the third time.                                                                                     
                                                                                                    
Senators Wilken, Bunde, Cowdery, Stedman, Ben Stevens, Olson,                                       
Green, Guess, Dyson, Wagoner, Seekins, Gary Stevens, Lincoln,                                       
Elton, Therriault moved and asked unanimous consent to be shown as                                  
cross sponsors on the bill. Without objection, it was so ordered.                                   
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 344(RES) "An Act relating to annual rental fees, statements of                                  
annual labor, and production royalty for mining claims; and providing                               
a cure for abandonment" pass the Senate?" The roll was taken with the                               
following result:                                                                                   
                                                                                                    
SCS CSHB 344(RES)                                                                                   
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                                                              
                                                                                                    
                                                                                                    

2004-04-06                     Senate Journal                      Page 2799
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 344(RES)                                                
passed the Senate and was referred to the Secretary for engrossment.                                
                                                                                                    
HB 478                                                                                            
HOUSE BILL NO. 478 "An Act relating to the issuance of                                              
commercial fishing interim-use permits; 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.                                                                       
                                                                                                    
HOUSE BILL NO. 478 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 478 "An Act relating to                                   
the issuance of commercial fishing interim-use permits; and providing                               
for an effective date" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
HB 478                                                                                              
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, HOUSE BILL NO. 478 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.                                    
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SCR 12                                                                                            
Senator Lincoln requested that the reconsideration on SENATE                                        
CONCURRENT RESOLUTION NO. 12 be taken up. The resolution                                            
was before the Senate on reconsideration.                                                           

2004-04-06                     Senate Journal                      Page 2800
Senator Wilken called the Senate. The call was satisfied.                                           
                                                                                                    
The question to be reconsidered: "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 - On Reconsideration                                                                 
                                                                                                    
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 on reconsideration and was referred to the Secretary for                                     
engrossment.                                                                                        
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 40                                                                                             
CS FOR SENATE BILL NO. 40(FIN) was read the third time.                                             
                                                                                                    
Senator Olson moved and asked unanimous consent that the bill be                                    
returned to second reading for the purpose of a specific amendment,                                 
that being Amendment No. 1. Without objection, the bill was returned                                
to second reading.                                                                                  
                                                                                                    
Senator Olson offered Amendment No. 1 :                                                              
                                                                                                    
Page 1, lines 8 - 11:                                                                               
 Delete "when the estimated cost of a construction project is less                                  
than $100,000 or when it appears to be in the best interests of the state                           
and the estimated cost of a construction project is $250,000 or less,                           
the department may perform the work notwithstanding any other                                       
provisions of law."                                                                                 
     Insert "the department may perform the work,                                               
notwithstanding any other provisions of law, when                                               

2004-04-06                     Senate Journal                      Page 2801
          (1)  the estimated cost of a construction project is less than                        
$100,000;                                                                                       
          (2)  the construction project is not connected by a land                              
road or the Alaska marine highway system to the main road                                       
system of the state and the commissioner determines that [OR                                    
WHEN] it appears to be in the best interests of the state; or                                   
          (3)  the construction project is connected by a land road or                          
the Alaska marine highway system to the main road system of the                                 
state, the estimated cost of a construction project is $250,000 or                              
less, and the commissioner determines that it appears to be in the                              
best interests of the state [, THE DEPARTMENT MAY PERFORM                                       
THE WORK NOTWITHSTANDING ANY OTHER PROVISIONS                                                       
OF LAW]."                                                                                           
                                                                                                    
Page 1, line 13, through page 2, line 5:                                                            
 Delete all material and insert:                                                                    
          "(a)  Except as provided in AS 44.33.300, it is the general                               
policy of the state to require the construction of all highways under bid                           
contract in accordance with AS 36.30 (State Procurement Code).                                      
However, subject to the provisions of (b) of this section, when the                             
estimated cost of a construction project is less than $100,000 or                               
when it appears to be in the best interests of the state, the                                   
department may perform the work, notwithstanding any other                                      
provisions of law [THE DEPARTMENT MAY PERFORM THE                                               
WORK, NOTWITHSTANDING ANY OTHER PROVISIONS OF                                                       
LAW, WHEN                                                                                           
              (1)  THE ESTIMATED COST OF A CONSTRUCTION                                             
PROJECT IS LESS THAN $100,000;                                                                      
              (2)  THE CONSTRUCTION PROJECT IS NOT                                                  
CONNECTED BY A LAND ROAD OR THE ALASKA MARINE                                                       
HIGHWAY SYSTEM TO THE MAIN ROAD SYSTEM OF THE                                                       
STATE AND THE COMMISSIONER DETERMINES THAT IT                                                       
APPEARS TO BE IN THE BEST INTERESTS OF THE STATE; OR                                                
  (3)  THE CONSTRUCTION PROJECT IS                                                                  
CONNECTED BY A LAND ROAD OR THE ALASKA MARINE                                                       
HIGHWAY SYSTEM TO THE MAIN ROAD SYSTEM OF THE                                                       
STATE, THE ESTIMATED COST OF A CONSTRUCTION                                                         
PROJECT IS $250,000 OR LESS, AND THE COMMISSIONER                                                   
DETERMINES THAT IT APPEARS TO BE IN THE BEST                                                        
INTERESTS OF THE STATE]."                                                                           

2004-04-06                     Senate Journal                      Page 2802
Senator Olson moved for the adoption of Amendment No. 1. Senator                                    
Cowdery objected.                                                                                   
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent for the                                      
adoption of the following amendment to Amendment No. 1:                                             
                                                                                                    
Under paragraph (3), following "road":                                                              
     Delete "or the Alaska marine highway system"                                               
                                                                                                    
Without objection, Amendment No. 1 was amended.                                                     
                                                                                                    
The question being: "Shall Amendment No. 1 as amended be                                            
adopted?"                                                                                           
                                                                                                    
CSSB 40(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 1 as amended                                                                          
                                                                                                    
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Stevens G                                                                                           
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, Amendment No. 1 as amended failed to be adopted.                                            
                                                                                                    
CS FOR SENATE BILL NO. 40(FIN) was automatically in third                                           
reading.                                                                                            
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
CSSB 40(FIN)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Stevens G                                                                                           

2004-04-06                     Senate Journal                      Page 2803
                                                                                                    
and so, CS FOR SENATE BILL NO. 40(FIN) passed the Senate.                                           
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CSSB 40(FIN)                                                                                        
Effective Date Clause                                                                               
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Green, Guess, Ogan, Seekins,                                   
Stedman, Stevens B, Therriault, Wagoner, Wilken                                                     
                                                                                                    
Nays:  Ellis, Elton, French, Hoffman, Lincoln, Olson, Stevens G                                     
                                                                                                    
and so, the effective date clause failed to be adopted.                                             
                                                                                                    
Senator Ellis gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 40(FIN)(efd fld) "An Act relating to construction of                                       
highways by the Department of Transportation and Public Facilities."                                
                                                                                                    
SB 328                                                                                            
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                       
328(FIN) was read the third time.                                                                   
                                                                                                    
The question being: "Shall CS FOR SPONSOR SUBSTITUTE FOR                                            
SENATE BILL NO. 328(FIN) "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" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSSSSB 328(FIN)                                                                                     
Third Reading - Final Passage                                                                       
                                                                                                    
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                                  

2004-04-06                     Senate Journal                      Page 2804
                                                                                                    
and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                               
328(FIN) passed the Senate.                                                                         
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSSSB 328(FIN)                                                                                     
Effective Date Clauses                                                                              
                                                                                                    
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, the effective date clauses were adopted.                                                    
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                     Third Reading of Senate Resolutions                                         
                                                                                                    
SJR 3                                                                                             
Senator Ben Stevens moved and asked unanimous consent that CS                                       
FOR SENATE JOINT RESOLUTION NO. 3(FIN) am Proposing                                                 
amendments to the Constitution of the State of Alaska relating to an                                
appropriation limit, be held to the April 7 calendar. Without objection,                            
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-06                     Senate Journal                      Page 2805
                                 Engrossment                                                     
                                                                                                    
HB 344                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 344(RES) "An Act                                                
relating to annual rental fees, statements of annual labor, and                                     
production royalty for mining claims; and providing a cure for                                      
abandonment" was engrossed, signed by the President and Secretary                                   
and returned to the House for consideration.                                                        
                                                                                                    
SCR 12                                                                                            
SENATE CONCURRENT RESOLUTION NO. 12 Requesting the                                                  
Local Boundary Commission to consider borough incorporation for                                     
certain unorganized areas, was engrossed and signed by the President                                
and Secretary.                                                                                      
                                                                                                    
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SB 201                                                                                            
CS FOR SENATE BILL NO. 201(HES) "An Act relating to home                                            
care and respite care; and providing for an effective date" was                                     
enrolled, signed by the President and Secretary, Speaker and Chief                                  
Clerk and the engrossed and enrolled copies transmitted to the Office                               
of the Governor at 9:36 a.m., April 6, 2004.                                                        
                                                                                                    
Memorandum from Division of Legal and Research Services,                                            
Legislative Affairs Agency, was received, reporting the following                                   
manifest errors in CS FOR SENATE BILL NO. 201(HES), which                                           
have been corrected in enrolling:                                                                   
                                                                                                    
Page 1, line 7:                                                                                     
 Delete "are"                                                                                       
 Insert "is [ARE]"                                                                              
                                                                                                    
Page 1, line 8:                                                                                     
 Delete "they are"                                                                                  
 Insert "it is [THEY ARE]"                                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-06                     Senate Journal                      Page 2806
Page 1, line 9:                                                                                     
 Delete "records"                                                                                   
 Insert "information [RECORDS]"                                                                 
                                                                                                    
Page 2, line 3:                                                                                     
 Delete "records"                                                                                   
 Insert "information [RECORDS]"                                                                 
                                                                                                    
Page 2, line 4:                                                                                     
 Delete "them"                                                                                      
 Insert "it [THEM]"                                                                             
                                                                                                    
Page 2, line 11:                                                                                    
 Delete "records"                                                                                   
 Insert "information [RECORDS]"                                                                 
 Delete "them"                                                                                      
 Insert "it [THEM]"                                                                             
                                                                                                    
Page 2, line 16, following "P.L. 105-277":                                                      
 Insert "and"                                                                                   
                                                                                                    
Page 2, line 18:                                                                                    
 Delete "records"                                                                                   
 Insert "information [RECORDS]"                                                                 
                                                                                                    
Page 2, line 19:                                                                                    
 Delete "them"                                                                                      
 Insert "it [THEM]"                                                                             
                                                                                                    
SB 241                                                                                            
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" was enrolled, signed by the President and Secretary,                                
Speaker and Chief Clerk and the engrossed and enrolled copies                                       
transmitted to the Office of the Governor at 12:23 p.m., April 6, 2004,                             
with a Legislative Letter of Intent.                                                                
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-06                     Senate Journal                      Page 2807
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., April 7, 2004. Without                                
objection, the Senate adjourned at 1:42 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2004                       

2004-04-06                     Senate Journal                      Page 2808
                                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 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 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                                                  
              *** Meeting Will Recess Until 4:15 PM ***                                             
                                                                                                    
Apr 06        Tuesday                   Senate Finance 532            4:15 PM                     
              *** After Recess ***                                                                  
+= SB 351 APOC REPORTS BY NONELECTRONIC MEANS                                                       
+= HB 357 RESTITUTION                                                                               
+= HB 513 CSED NAME CHANGE/DRIVER'S LIC.SUSPENSION                                                  

2004-04-06                     Senate Journal                      Page 2809
                             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            8:00 AM                     
              -- Time Change --                                                                     
+ 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 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                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
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 ***                                             

2004-04-06                     Senate Journal                      Page 2810
                            JUDICIARY (continued)                                                
                                                                                                    
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         2:00 PM                     
              -- Time Change --                                                                     
+ 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 --                                                                
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
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                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-06                     Senate Journal                      Page 2811
                                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           2:00 PM                     
              -- Time Change --                                                                     
+= SB 371 POWERS/DUTIES DOTPF                                                                       
              Presentation on Pavement Research                                                     
                                                                                                    
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                                                                     
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-06                     Senate Journal                      Page 2812
                         JOINT COMMITTEES (continued)                                            
                                                                                                    
                    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"