Legislature(2003 - 2004)

2004-04-21 Senate Journal

Full Journal pdf

2004-04-21                     Senate Journal                      Page 2979
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                    April 21, 2004                      
                                                                                                    
                            One Hundred First Day                                                
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:29 a.m.                                                                            
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, David Parish of the Juneau                                  
Baha'i Assembly. Senator Hoffman moved and asked unanimous                                          
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
          O Thou kind Lord! This gathering is turning to Thee.                                      
          These hearts are radiant with Thy love. These minds                                       
          and spirits are exhilarated by the message of Thy glad                                    
          tidings!                                                                                  
                                                                                                    
          O God! Let this American democracy become                                                 
          glorious in spiritual degrees even as it has aspired to                                   
          material degrees and render this just government                                          
          victorious. Confirm this revered nation to upraise the                                    
          standard of the oneness of humanity, to promulgate                                        
          the Most Great Peace, to become thereby most                                              
          glorious and praiseworthy among all nations of the                                        
          world. O God, this American nation is worthy of Thy                                       
          favors and is deserving of Thy mercy. Make it                                             
          precious and near to Thee through Thy bounty and                                          
          bestowal.                                                                                 
                                                                                                    
Senator Dyson led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-21                     Senate Journal                      Page 2980
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundredth legislative day be approved as certified                              
by the Secretary. Without objection, it was so ordered.                                             
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
Letter dated and received April 20 was read, stating in accordance                                  
with AS 39.05.080, I submit the following names for legislative                                     
confirmation of appointments to the boards and commissions set out                                  
below:                                                                                              
                                                                                                    
Alcoholic Beverage Control Board                                                                  
 Duane S. Udland - Anchorage                                                                        
  Appointed:  3/27/2004 Reappointed:  4/6/2004                                                      
          Term Expires:  3/1/2007                                                                   
                                                                                                    
State Assessment Review Board                                                                     
     Allen S. Black - Palmer                                                                        
          Appointed:  4/6/2004                                                                      
 Patrick S. Carlson - Kodiak                                                                        
  Appointed:  4/6/2004                                                                              
                                                                                                    
Board of Marine Pilots                                                                            
 Robert J. Arts - Anchorage                                                                         
  Appointed:  10/31/2002 Reappointed:  3/24/2004                                                    
  Term Expires:  3/1/2008                                                                           
                                                                                                    
Alaska Workers' Compensation Board                                                                
 Valarie L. Allmon - Anchorage                                                                      
  Appointed:  4/12/2004 Term Expires:  3/1/2007                                                     
 Chris N. Johansen - Fairbanks                                                                      
  Appointed:  4/12/2004 Term Expires:  3/1/2007                                                     
 David Kester - Anchorage                                                                           
  Appointed:  4/12/2004 Reappointment:  3/1/2005                                                    
      Term Expires:  3/1/2008                                                                       
                                                                                                    
                                                                                                    

2004-04-21                     Senate Journal                      Page 2981
 James (Jay) N. Rhodes - Ketchikan                                                                  
  Appointed:  9/11/2001 Reappointed:  4/12/2004                                                     
  Term Expires:  3/1/2007                                                                           
 Patricia A. Vollendorf - Anchorage                                                                 
  Appointed:  4/12/2004 Term Expires:  3/1/2006                                                     
                                                                                                    
The appointments were referred to the Labor and Commerce                                            
Committee.                                                                                          
                                                                                                    
Commission on Judicial Conduct                                                                    
 Peter J. Aschenbrenner - Fairbanks                                                                 
  Appointed:  3/24/2004 Term Expires:  3/1/2008                                                     
 Thomas G. Nave, Esq. - Juneau                                                                      
      Appointed:  3/24/2004 Term Expires:  3/1/2008                                                 
                                                                                                    
Violent Crimes Compensation Board                                                                 
 Gerad Godfrey - Valdez                                                                             
  Appointed:  2/19/2003 Reappointed:  4/6/2004                                                      
  Term Expires:  3/1/2007                                                                           
                                                                                                    
The appointments were referred to the Judiciary Committee.                                          
                                                                                                    
The resumes for these appointments have been submitted to the                                       
Offices of the Senate Secretary and the Chief Clerk.                                                
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated April 13 was read, stating:                                                            
                                                                                                    
In accordance with AS 39.05.080, the Senate State Affairs Committee                                 
reviewed the following and recommends the appointment be                                            
forwarded to a joint session for consideration:                                                     
                                                                                                    
Alaska Public Offices Commission                                                                  
Roger E. Holl                                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-21                     Senate Journal                      Page 2982
There were no stated objections to the confirmation of the named                                    
individual by committee members. This does not reflect an intent by                                 
any of the members to vote for or against the individual during any                                 
further sessions.                                                                                   
                                                                                                    
Signing the report: Senator Gary Stevens, Chair; Senators Cowdery,                                  
Stedman.                                                                                            
                                                                                                    
SB 272                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
272 "An Act relating to certain monetary advances in which the                                      
deposit or other negotiation of certain instruments to pay the advances                             
is delayed until a later date; and providing for an effective date" and                             
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SENATE BILL NO. 272(L&C) "An Act                                                   
          relating to certain monetary advances in which the                                        
          deposit or other negotiation of checks to pay the                                         
          advances is delayed until a later date; and providing                                     
          for an effective date."                                                                   
                                                                                                    
Signing no recommendation: Senator Bunde, Chair; Senators Seekins,                                  
Gary Stevens. Signing do not pass: Senator French. Signing amend:                                   
Senator Davis.                                                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Community and Economic                                            
          Development                                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 349                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
349 "An Act requiring licensure of midwifery birth centers; and                                     
providing for an effective date." Signing do pass: Senator Bunde,                                   
Chair; Senators Seekins, Davis, French, Gary Stevens.                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-21                     Senate Journal                      Page 2983
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 380                                                                                            
The State Affairs Committee considered SENATE BILL NO. 380 "An                                      
Act relating to the extension under the State Procurement Code of                                   
terms for leases for real estate and certain terms for certain state                                
contracts for goods and services; and providing for an effective date"                              
and recommended it be replaced with                                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 380(STA) "An Act                                                   
          relating to time extensions under the State                                               
          Procurement Code for real property leases; and                                            
          providing for an effective date."                                                         
                                                                                                    
Signing no recommendation: Senator Gary Stevens, Chair; Senators                                    
Cowdery, Stedman.                                                                                   
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 384                                                                                            
The Transportation Committee considered SENATE BILL NO. 384                                         
"An Act relating to a natural gas pipeline with a terminus at the Cook                              
Inlet Basin" and recommended it be replaced with                                                    
                                                                                                    
                   CS FOR SENATE BILL NO. 384(TRA) "An Act                                         
              relating to a natural gas pipeline financed by the                                   
          Alaska Railroad Corporation."                                                             
                                                                                                    
Signing do pass: Senators Cowdery, Wagoner, Cochairs. Signing no                                    
recommendation: Senators Lincoln, Therriault.                                                       
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    

2004-04-21                     Senate Journal                      Page 2984
The bill was referred to the Labor and Commerce Committee.                                          
                                                                                                    
SB 387                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
387 "An Act authorizing the making of certain commercial fishing                                    
loans to eligible community quota entities for the purchase of certain                              
fishing quota shares; and providing for an effective date." Signing do                              
pass: Senator Bunde, Chair; Senators Seekins, Gary Stevens.                                         
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
 Fiscal Note No. 2, zero, Department of Fish and Game                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 389                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
389 "An Act relating to the conversion of certain corporations to                                   
limited liability companies; and providing for an effective date."                                  
Signing no recommendation: Senator Bunde, Chair; Senator French.                                    
Signing do pass: Senators Davis, Seekins, Gary Stevens.                                             
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
 Fiscal Note No. 2, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 392                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
392 "An Act relating to the expenses of investigation, hearing, or                                  
public advocacy before the Regulatory Commission of Alaska, to                                      
calculation of the regulatory cost charge for public utilities and                                  
pipeline carriers to include the Department of Law's costs of its public                            
advocacy function, to inspection of certain books and records by the                                
attorney general when participating as a party in a matter before the                               
Regulatory Commission of Alaska; and providing for an effective                                     
date." Signing do pass: Senator Bunde, Chair; Senators Seekins, Gary                                
Stevens.                                                                                            

2004-04-21                     Senate Journal                      Page 2985
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Community and                                      
          Economic Development                                                                      
 Fiscal Note No. 2, Department of Law                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 83                                                                                             
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
83(JUD) "An Act adopting a version of the Revised Uniform                                           
Arbitration Act; relating to the state's existing Uniform Arbitration                               
Act; amending Rules 3, 18, 19, 20, and 21, Alaska Rules of Civil                                    
Procedure, Rule 601, Alaska Rules of Evidence, and Rule 402, Alaska                                 
Rules of Appellate Procedure; and providing for an effective date" and                              
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          83(JUD)                                                                                   
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators French, Ellis.                                    
Signing no recommendation: Senator Ogan.                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 4, zero, Alaska Court System                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 93                                                                                             
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
93(FIN) "An Act relating to boating safety, registration, and                                       
numbering; extending the sunset date of changes in ch. 28, SLA 2000;                                
and providing for an effective date" and recommended the adoption of                                
the Transportation Senate Committee Substitute offered on page 2758.                                
Signing do pass: Senator Gary Stevens, Chair; Senators Cowdery,                                     
Stedman.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 3, zero, Department of Natural Resources                                           
 Fiscal Note No. 4, Department of Administration                                                    
                                                                                                    

2004-04-21                     Senate Journal                      Page 2986
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 375                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
375(FIN) am "An Act making appropriations for the operating and                                     
loan program expenses of state government, for certain programs, and                                
to capitalize funds; and providing for an effective date" and                                       
recommended it be replaced with                                                                     
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          375(FIN) "An Act making appropriations for the                                            
          operating and loan program expenses of state                                              
          government, for certain programs, and to capitalize                                       
          funds; making appropriations under art. IX, sec.                                          
          17(c), Constitution of the State of Alaska; and                                           
          providing for an effective date."                                                         
          (technical title change)                                                                  
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde,                                  
Ben Stevens. Signing no recommendation: Senator Hoffman. Signing                                    
amend: Senators Dyson, Olson.                                                                       
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 377                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
377(FIN) "An Act making appropriations for the operating and capital                                
expenses of the state's integrated comprehensive mental health                                      
program; and providing for an effective date" and recommended it be                                 
replaced with                                                                                       
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          377(FIN)                                                                                  
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde,                                  
Ben Stevens. Signing no recommendation: Senators Hoffman, Olson.                                    
Signing amend: Senator Dyson.                                                                       
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    

2004-04-21                     Senate Journal                      Page 2987
HB 378                                                                                            
The State Affairs Committee considered HOUSE BILL NO. 378 "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." Signing no recommendation: Senator Gary Stevens,                                   
Chair; Senator Stedman. Signing do pass: Senator Cowdery.                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, Department of Environmental Conservation                                        
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 428                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 428(JUD) am "An Act relating to civil liability for acts                                   
related to obtaining alcohol for persons under 21 years of age or for                               
persons under 21 years of age being on licensed premises." Signing do                               
pass: Senator Bunde, Chair; Senators Seekins, Davis, French, Gary                                   
Stevens.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 2, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 25                                                                                            
SENATE CONCURRENT RESOLUTION NO. 25 BY THE                                                          
SENATE TRANSPORTATION COMMITTEE,                                                                    
                                                                                                    
                                                                                                    

2004-04-21                     Senate Journal                      Page 2988
                  Relating to state agency construction and                                        
          maintenance contracts throughout the state.                                               
                                                                                                    
was read the first time and referred to the Transportation and State                                
Affairs Committees.                                                                                 
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 393                                                                                            
SENATE BILL NO. 393 BY THE SENATE FINANCE                                                           
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to default on tuition, fees, and other                                   
          charges of the University of Alaska and to claims on                                      
          permanent fund dividends for tuition, fees, and other                                     
          charges of the University of Alaska that are in                                           
          default."                                                                                 
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 375                                                                                            
CS FOR HOUSE BILL NO. 375(FIN) am "An Act making                                                    
appropriations for the operating and loan program expenses of state                                 
government, for certain programs, and to capitalize funds; and                                      
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
2986. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 375(FIN) "An Act making appropriations for the operating and                                    
loan program expenses of state government, for certain programs, and                                
to capitalize funds; making appropriations under art. IX, sec. 17(c),                               
Constitution of the State of Alaska; and providing for an effective                                 
date" (technical title change) was adopted.                                                         

2004-04-21                     Senate Journal                      Page 2989
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE CS FOR CS FOR HOUSE BILL NO. 375(FIN) be held in                                             
second reading to the April 22 calendar. Without objection, it was so                               
ordered.                                                                                            
                                                                                                    
HB 377                                                                                            
CS FOR HOUSE BILL NO. 377(FIN) "An Act making appropriations                                        
for the operating and capital expenses of the state's integrated                                    
comprehensive mental health program; and providing for an effective                                 
date" was read the second time.                                                                     
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
2986. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 377(FIN) was adopted.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE CS FOR CS FOR HOUSE BILL NO. 377(FIN) be held in                                             
second reading to the April 22 calendar. Without objection, it was so                               
ordered.                                                                                            
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 69                                                                                             
CS FOR SENATE BILL NO. 69(RES) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 69(RES) "An                                       
Act relating to participation in matters before the Board of Fisheries                              
by members of the board; and providing for an effective date" pass the                              
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 69(RES)                                                                                        
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Elton, Green, Hoffman,                                         
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Ellis, French, Guess                                                                         
                                                                                                    

2004-04-21                     Senate Journal                      Page 2990
and so, CS FOR SENATE BILL NO. 69(RES) passed the Senate.                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
SB 219                                                                                            
CS FOR SENATE BILL NO. 219(JUD) "An Act relating to offenses                                        
against unborn children" was read the third time.                                                   
                                                                                                    
Senator Green moved 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 Green offered Amendment No. 1 :                                                              
                                                                                                    
Page 2, line 28, following "consented;":                                                            
 Insert "or"                                                                                        
                                                                                                    
Page 2, line 30:                                                                                    
 Delete "; or"                                                                                      
 Insert "."                                                                                         
                                                                                                    
Page 2, line 31, through page 3, line 1:                                                            
 Delete all material.                                                                               
                                                                                                    
Page 3, line 23, following "consented;":                                                            
 Insert "or"                                                                                        
                                                                                                    
Page 3, line 25:                                                                                    
 Delete "; or"                                                                                      
 Insert "."                                                                                         
                                                                                                    
Page 3, lines 26 - 27:                                                                              
 Delete all material.                                                                               
                                                                                                    
Senator Green moved for the adoption of Amendment No. 1. Senator                                    
Dyson objected.                                                                                     

2004-04-21                     Senate Journal                      Page 2991
Senator Green moved and asked unanimous consent for the adoption                                    
of the following amendment to Amendment No. 1 :                                                     
                                                                                                    
Delete all material in Amendment No. 1 and insert:                                                  
                                                                                                    
Page 2, line 31, following "(3)":                                                                   
 Insert "are otherwise legal that"                                                                  
                                                                                                    
Page 3, line 26, following "(3)":                                                                   
 Insert "are otherwise legal that"                                                                  
                                                                                                    
Without objection, Amendment No. 1 was amended.                                                     
                                                                                                    
Senator Dyson withdrew his objection. There being no further                                        
objection, Amendment No. 1 as amended was adopted.                                                  
                                                                                                    
CS FOR SENATE BILL NO. 219(JUD) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
Senator Ben Stevens rose to a point of order. President Therriault                                  
cautioned members to proceed in order.                                                              
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 219(JUD)                                          
am "An Act relating to offenses against unborn children" pass the                                   
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 219(JUD) am                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Olson,                                          
Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                 
                                                                                                    
Nays:  Davis, Ellis, French, Guess, Lincoln                                                         
                                                                                                    
Absent:  Elton                                                                                      
                                                                                                    
and so, CS FOR SENATE BILL NO. 219(JUD) am passed the Senate.                                       
                                                                                                    
Senator Lincoln gave notice of reconsideration.                                                     
                                                                                                    
                                                                                                    

2004-04-21                     Senate Journal                      Page 2992
                        Senate Bills in Third Reading                                            
                                                                                                    
SB 382                                                                                            
CS FOR SENATE BILL NO. 382(CRA) "An Act relating to replat                                          
approval; relating to the platting of right-of-way acquired through                                 
eminent domain proceedings; and providing for an effective date"                                    
which had been held in third reading (page 2966) was before the                                     
Senate.                                                                                             
                                                                                                    
Senator Wagoner 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 Wagoner offered Amendment No. 1 :                                                            
                                                                                                    
Page 1, lines 11 - 12:                                                                              
 Delete "Regulations adopted by the Department of Transportation                                    
and Public Facilities shall be the primary and governing authority for                              
these replat approval proceedings."                                                                 
                                                                                                    
Page 2, line 11:                                                                                    
      Delete "and AS 44.42.085"                                                                     
                                                                                                    
Page 2, line 14:                                                                                    
 Delete ", consistent with AS 44.42.085 and regulations adopted                                     
under that section,"                                                                                
                                                                                                    
Page 2, lines 15 - 17:                                                                              
 Delete "If no municipal standards and procedures are in effect,                                    
then the provision of AS 44.42.085 and the regulations adopted under                                
that section shall apply."                                                                          
 Insert "Neither the adequacy of the municipal replat process or                                    
standards, if any, nor the failure of a municipality to follow its own                              
replat process and standards shall deprive the state of the authority to                            
exercise its power of eminent domain."                                                              
                                                                                                    
Page 2, line 21, through page 3, line 14:                                                           
      Delete all material.                                                                          
                                                                                                    

2004-04-21                     Senate Journal                      Page 2993
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Senator Wagoner moved for the adoption of Amendment No. 1.                                          
Senator Ellis objected, then withdrew his objection. There being no                                 
further objection, Amendment No. 1 was adopted.                                                     
                                                                                                    
CS FOR SENATE BILL NO. 382(CRA) am was automatically in                                             
third reading.                                                                                      
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 382(CRA)                                          
am "An Act relating to replat approval; relating to the platting of right-                          
of-way acquired through eminent domain proceedings; and providing                                   
for an effective date" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
CSSB 382(CRA) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess,                                   
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Ellis, Hoffman                                                                               
                                                                                                    
and so, CS FOR SENATE BILL NO. 382(CRA) 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.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 414                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 414(JUD) "An Act                                                
relating to filling a vacancy in the office of United States senator, and                           
to the definition of 'political party'; and providing for an effective date"                        
was read the third time.                                                                            

2004-04-21                     Senate Journal                      Page 2994
Senator French moved and asked unanimous consent that the bill be                                   
returned to second reading for the purpose of a specific amendment,                                 
that being Amendment No. 1. Without objection, the bill was returned                                
to second reading.                                                                                  
                                                                                                    
Senator French offered Amendment No. 1 :                                                             
                                                                                                    
Page 1, following line 3:                                                                           
 Insert a new bill section to read:                                                                 
"* Section 1.  The uncodified law of the State of Alaska is amended                               
by adding a new section to read:                                                                    
 LEGISLATIVE INTENT.  It is the desire of this legislature that                                     
the provisions of secs. 2 - 7 and 9 of this Act, which are substantially                            
similar to those proposed in an initiative petition, not be repealed for at                         
least two years after the Act's effective date."                                                    
                                                                                                    
Page 1, line 4:                                                                                     
 Delete "Section 1"                                                                               
 Insert "Sec. 2"                                                                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 4, line 8:                                                                                     
 Delete "Section 7"                                                                                 
 Insert "Section 8"                                                                                 
                                                                                                    
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Ben Stevens objected.                                                                               
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 414(JUD)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Nays:  Cowdery, Davis, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    

2004-04-21                     Senate Journal                      Page 2995
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 414(JUD) was                                                    
automatically in third reading.                                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent to abstain                                    
from voting due to a conflict of interest. Objections were heard and                                
Senator Ben Stevens was required to vote.                                                           
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 414(JUD) "An Act relating to filling a vacancy in the office of                                 
United States senator, and to the definition of 'political party'; and                              
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSHB 414(JUD)                                                                                   
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                                  
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 414(JUD)                                                
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:                                                           
                                                                                                    
SCS CSHB 414(JUD)                                                                                   
Effective Date Clause                                                                               
                                                                                                    
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                                                              
                                                                                                    

2004-04-21                     Senate Journal                      Page 2996
and so, the effective date clause was adopted.                                                      
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Nine Star Enterprises - Mountain View                                                    
Representative(s) Gruenberg                                                                         
Senator(s) Guess, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Elton, Green, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
In Memoriam - Mary Priscilla Anuralria "LaLa" Andrew Hunter                                         
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
Representative(s) Kapsner                                                                           
                                                                                                    
In Memoriam - Esther Shea                                                                           
Senator(s) Stedman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
Representative(s) Williams                                                                          
                                                                                                    
In Memoriam - Bruce Crawford                                                                        
Representative(s) Gruenberg                                                                         
Senator(s) Guess, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Elton, Green, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-21                     Senate Journal                      Page 2997
                             Unfinished Business                                                 
                                                                                                    
SB 297                                                                                            
Senator Wilken, Cochair, moved and asked unanimous consent that                                     
the Finance Committee referral be waived on SENATE BILL NO. 297                                     
"An Act relating to the taking of black bear, brown bear, and grizzly                               
bear and to registration of big game guides for certain guide use                                   
areas." Without objection, the bill was referred to the Rules                                       
Committee.                                                                                          
                                                                                                    
Senator Cowdery moved and asked unanimous consent to be excused                                     
from a call of the Senate from 2:00 p.m., April 22 to 9:30 p.m., April                              
25. Without objection, Senator Cowdery was excused.                                                 
                                                                                                    
SB 323                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 323(JUD) am                                           
"An Act relating to a subcontractor's, contractor's, and project owner's                            
liability for workers' compensation, to sole proprietors and                                        
partnerships without employees, and managers or managing members                                    
of limited liability companies, and to the exclusiveness of liability for                           
workers' compensation" 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 323                                                                                            
CS FOR SENATE BILL NO. 323(JUD) am "An Act relating to a                                            
subcontractor's, contractor's, and project owner's liability for workers'                           
compensation, to sole proprietors and partnerships without employees,                               
and managers or managing members of limited liability companies,                                    
and to the exclusiveness of liability for workers' compensation" was                                
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    

2004-04-21                     Senate Journal                      Page 2998
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., April 22, 2004. Without                               
objection, the Senate adjourned at 1:33 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2004                       

2004-04-21                     Senate Journal                      Page 2999
                                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 21        Wednesday                    Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 23        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 21        Wednesday                 Senate Finance 532            9:00 AM                     
+= HB 347 EXEMPT TAXIS FROM VEHICLE RENTAL TAX                                                      
+= SB 368 TOBACCO TAX; LICENSING; PENALTIES                                                         
+ SB 307 APPEAL BONDS: TOBACCO SETTLEMENT PARTIES                                                   
+= SB 311 INSURANCE & WORKERS' COMPENSATION SYSTEM                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 22        Thursday                  Senate Finance 532            9:00 AM                     
+= SB  31 RAILROAD UTILITY CORRIDOR TO & IN CANADA                                                  
+= SB 366 STATE  SALES TAX                                                                          
              <Bill Hearing Canceled>                                                               
+ SB 385 SECURITY;DIV. HOMELAND SECURITY/EMER. MGT                                                  
+ SB 378 POLLUTION DISCHARGE & WASTE TRMT/DISPOSAL                                                  
+             Bills Previously Heard/Scheduled                                                      
+= HB 213 PROVISIONAL DRIVER'S LICENSE                                                              
+= SB 311 INSURANCE & WORKERS' COMPENSATION SYSTEM                                                  
                                                                                                    
                                                                                                    

2004-04-21                     Senate Journal                      Page 3000
                             FINANCE (continued)                                                 
                                                                                                    
Apr 23        Friday                    Senate Finance 532            9:00 AM                     
+= SB 257 APPROP: CAPITAL PROJECTS                                                                  
+ SB 364 LIMIT STATE AID FOR MENTAL HEALTH CARE                                                     
+ SB 278 LABOR & WORKFORCE DEVELOPMENT FEES                                                         
+ SB 372 SECONDARY SCHOOL ASSESSMENTS                                                               
              <Pending Referral>                                                                    
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 21        Wednesday                       Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 23        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 21        Wednesday                       Butrovich 205           8:00 AM                     
              -- Recessed to 5:00 pm Beltz Room --                                                  
+ HCR 29 SUPPORT THERAPEUTIC COURTS                                                                 
+ HB  56 UNFAIR TRADE PRACTICES ATTY FEES/COSTS                                                     
+= HB  83 REVISED UNIFORM ARBITRATION ACT                                                           
+ SB 385 SECURITY;DIV. HOMELAND SECURITY/EMER. MGT                                                  
              Uniform Rule 23 Waived                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 23        Friday                          Butrovich 205           8:00 AM                     
+ HB 378 FOOD, DRUGS, COSMETICS, CERTAIN DEVICES                                                    
+ HB  29 REAL PROPERTY TRANSACTIONS/LICENSEES                                                       
              <Pending Referral>                                                                    
+= SB 246 HATE CRIMES/DISCRIMINATION/TOLERANCE PROG                                                 
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-21                     Senate Journal                      Page 3001
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 22        Thursday                              Beltz 211         1:30 PM                     
+= SB 218 STATE PROCUREMENT PILOT PROGRAM                                                           
+ HB 351 CARBON MONOXIDE DETECTION DEVICES                                                          
+ HB 339 TRADE PRACTICES: FREE TRIAL/OPT-OUT PLANS                                                  
+ HB 464 EXTEND BOARD OF REAL ESTATE APPRAISERS                                                     
+ HB 419 REGIONAL SEAFOOD DEVELOPMENT ASS'NS./TAX                                                   
+ HB 540 WORKERS' COMPENSATION INSURANCE RATES                                                      
              <Pending Referral>                                                                    
+             Bills Previously Heard/Scheduled                                                      
              Including, but not Limited to:                                                        
+= HB  29 REAL PROPERTY TRANSACTIONS/LICENSEES                                                      
= SB 369 UNIV. STUDENT PRACTICUM LIABILITY/WAGES                                                    
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Apr 21        Wednesday                       Butrovich 205           3:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 23        Friday                          Butrovich 205           3:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 22        Thursday                              Beltz 211         3:30 PM                     
+ HJR 41 LAND RECREATIONAL VISITOR PROTECTION ACT                                                   
+ HB 496 YOUTH VOTE AMBASSADOR PROG/ELECTION BDS                                                    
+ HB 373 STATE TREASURY WARRANTS                                                                    
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 22        Thursday                        Butrovich 205           1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2004-04-21                     Senate Journal                      Page 3002
                               JOINT COMMITTEES                                                  
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Apr 22        Thursday                   House Finance 519           12:00 PM                     
              ASCG's Final Draft of the Veteran's Home                                              
              Feasibility Study                                                                     
                   ----------------------------------------                                        
                                                                                                    
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                       
                                                                                                    
Apr 22        Thursday                  Anch Lio Conf Rm              8:30 AM                     
              -- Teleconference <Listen Only> --                                                    
              **SUBCOMMITTEE MEETING**                                                              
+              Open Meetings                                                                        
                                                                                                    
Apr 23        Friday                    Anch Lio Conf Rm              8:00 AM                     
+             Advisory Opinions                                                                     
              <Testimony by Invitation Only>                                                        
                                                                                                    
May 07        Friday                             Capitol 120          8:00 AM                     
+             Full Committee Meeting:  Open Session                                                 
              Advisory Opinion 04-03                                                                
              <Public Comment by Invitation Only>                                                   
              Open Meetings