Legislature(2003 - 2004)

2004-04-27 Senate Journal

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2004-04-27                     Senate Journal                      Page 3093
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Tuesday                    April 27, 2004                      
                                                                                                    
                           One Hundred Seventh Day                                               
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:25 a.m.                                                                            
                                                                                                    
The roll showed nineteen members present. Senators Davis was                                        
absent.                                                                                             
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that                                          
Senator Davis be excused from a call of the Senate today due to                                     
illness. Without objection, Senator Davis was excused.                                              
                                                                                                    
The prayer was offered by the Chaplain, Reverend Dr. Paula Sampson                                  
of the Holy Trinity Episcopal Church. Senator Hoffman moved and                                     
asked unanimous consent that the prayer be spread. Without objection,                               
it was so ordered.                                                                                  
                                                                                                    
          God of us all, we greet You with praise and gratitude this                               
                day, thankful for Your wonderful gifts to us:                                      
                                                                                                    
                           We experience Your love;                                                
                         We depend on Your creation;                                               
                            We revere Your wisdom.                                                 
                                                                                                    
           Grant us the ability to live into these gifts, we pray:                                 
                                                                                                    
                   In complex matters, may we be judicious;                                        
                     In urgent matters, may we be astute;                                          
                   In challenging matters, may we be fair;                                         
                  In difficult matters, may we be gracious.                                        
                                                                                                    
                 For You have invested us all with Your love;                                      
                 You have trusted us all with Your creation;                                       
                  You have visited us all with Your wisdom.                                        

2004-04-27                     Senate Journal                      Page 3094
        May all of us, particularly those serving in this legislative                              
        body, be loving, creative and wise today and always.    Amen.                              
                                                                                                    
Senator Wagoner led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred sixth legislative day be approved as                                    
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 132                                                                                            
The Resources Committee considered SENATE BILL NO. 132 "An                                          
Act removing the Old Minto townsite from the Minto Flats State                                      
Game Refuge; and authorizing the Department of Natural Resources                                    
to convey certain land at the historic Old Minto site to the Minto                                  
Village Council" and recommended it be replaced with                                                
                                                                                                    
          CS FOR SENATE BILL NO. 132(RES)                                                           
          (forthcoming)                                                                             
                                                                                                    
Signing no recommendation: Senator Ogan, Chair. Signing do pass:                                    
Senators Lincoln, Elton, Wagoner, Seekins, Dyson.                                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 136                                                                                            
The Finance Committee considered SENATE BILL NO. 136 "An Act                                        
increasing an optional exclusion or exemption from municipal taxation                               
for residential property" and recommended it be replaced with                                       
                                                                                                    
          CS FOR SENATE BILL NO. 136(FIN)                                                           
          (forthcoming)                                                                             

2004-04-27                     Senate Journal                      Page 3095
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Ben Stevens. Signing no recommendation: Senators Hoffman, Olson,                                    
Bunde.                                                                                              
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 278                                                                                            
The Finance Committee considered SENATE BILL NO. 278 "An Act                                        
relating to fees for the inspection of recreational devices, for                                    
certificates of fitness for electrical wiring and plumbing, for filing                              
voluntary flexible work hour plans, and for licenses for boiler                                     
operators; and providing for an effective date" and recommended it be                               
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 278(FIN)                                                           
          (forthcoming)                                                                             
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Ben Stevens. Signing no recommendation: Senators Hoffman, Olson,                                    
Bunde.                                                                                              
                                                                                                    
The following fiscal information was published today:                                               
          Fiscal Note No. 3, zero, Department of Labor and Workforce                               
          Development                                                                               
 Fiscal Note No. 4, Department of Labor and Workforce                                               
          Development                                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 297                                                                                            
The following fiscal information for the Resources Committee                                        
Substitute for 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" was published today:                                       
 Fiscal Note No. 2, zero, Department of Public Safety                                               
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    

2004-04-27                     Senate Journal                      Page 3096
SB 364                                                                                            
The Finance Committee considered SENATE BILL NO. 364 "An Act                                        
relating to liability for expenses of placement in certain mental health                            
facilities; relating to the mental health treatment assistance program;                             
and providing for an effective date" and recommended the adoption of                                
the Health, Education and Social Services Committee Substitute                                      
offered on page 2774.                                                                               
                                                                                                    
The Finance Committee further recommended the adoption of the                                       
following Health, Education and Social Services Committee Letter of                                 
Intent:                                                                                             
                                                                                                    
                             Letter of Intent                                                     
                                                                                                    
  It is the intent of the legislature that the Department of Health and                             
  Social Services continue to develop and support a continuum of                                    
  mental health care that includes community-based outpatient and                                   
  supportive services, community hospital-based inpatient                                           
  evaluation and treatment services, and tertiary mental health care                                
  through the Alaska Psychiatric Institute. In developing this                                      
  system the Department of Health and Social Services shall be                                      
  guided by the principles that mental health services should be                                    
  clinically appropriate, cost effective, offered in the least                                      
  restrictive setting available, and provided as close to the client's                              
  home as possible.                                                                                 
                                                                                                    
  It is further the intent of the legislature that in the event of a                                
  shortfall in appropriations for mental health evaluation and                                      
  treatment at community hospitals to stabilize persons                                             
  experiencing a psychiatric emergency or crisis, and who meet the                                  
  criteria for involuntary commitment under AS 47.30.700 - AS                                       
  47.30.915, the Department of Health and Social Services shall                                     
  make every effort to identify additional financing sources or                                     
  reallocate appropriations available for the purpose from lesser                                   
  priorities to continue these important services for the remainder of                              
  the fiscal year.                                                                                  
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Bunde,                                  
Ben Stevens. Signing do not pass: Senator Hoffman. Signing no                                       
recommendation: Senator Dyson. Signing amend: Senator Olson.                                        

2004-04-27                     Senate Journal                      Page 3097
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 368                                                                                            
The Finance Committee considered SENATE BILL NO. 368 "An Act                                        
relating to taxes on cigarettes and tobacco products; relating to tax                               
stamps on cigarettes; relating to forfeiture of cigarettes and of property                          
used in the manufacture, transportation, or sale of unstamped                                       
cigarettes; relating to licenses and licensees under the Cigarette Tax                              
Act; and providing for an effective date" and recommended it be                                     
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 368(FIN) "An Act                                                   
          relating to taxes on cigarettes and tobacco products,                                     
          to tax stamps on cigarettes, to forfeiture of cigarettes                                  
          and of property used in the manufacture,                                                  
          transportation, or sale of unstamped cigarettes, and to                                   
          licenses and licensees under the Cigarette Tax Act;                                       
          and providing for an effective date."                                                     
                                                                                                    
Signing do not pass: Senator Green, Cochair; Senator Hoffman.                                       
Signing no recommendation: Senator Wilken, Cochair; Senator                                         
Dyson. Signing do pass: Senators Bunde, Ben Stevens. Signing                                        
amend: Senator Olson.                                                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Revenue                                                           
 Fiscal Note No. 2, Department of Public Safety                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 379                                                                                            
The Finance Committee considered SENATE BILL NO. 379 "An Act                                        
providing that public members of the Board of Trustees of the Alaska                                
Permanent Fund Corporation may be removed only for cause; and                                       
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
          CS FOR SENATE BILL NO. 379(FIN)                                                           

2004-04-27                     Senate Journal                      Page 3098
Signing do pass: Senators Green, Wilken; Cochairs; Senators Dyson,                                  
Bunde, Ben Stevens. Signing no recommendation: Senators Hoffman,                                    
Olson.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Law                                                         
 Fiscal Note No. 3, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 227                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
227(JUD) "An Act increasing the jurisdictional limit for small claims                               
and for magistrates from $7,500 to $10,000; increasing the                                          
jurisdictional limit of district courts in certain civil cases from $50,000                         
to $100,000; expanding the jurisdiction of district courts; limiting                                
magistrates from hearing certain small claims cases; and amending                                   
Rule 11(a)(4), Alaska District Court Rules of Civil Procedure, relating                             
to service of process for small claims." Signing do pass: Senator                                   
Seekins, Chair; Senators French, Ogan.                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, indeterminate, Alaska Court System                                              
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 385                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
385(JUD) "An Act relating to awarding child custody; and providing                                  
for an effective date" and recommended it be replaced with                                          
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          385(JUD)                                                                                  
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators Ogan, French.                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       

2004-04-27                     Senate Journal                      Page 3099
HB 428                                                                                            
The Judiciary 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 Seekins, Chair; Senators Ogan, French.                                                      
                                                                                                    
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 Rules Committee.                                                       
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
SB 283                                                                                            
The following report was received and distributed at 1:50 p.m., April                               
26, 2004:                                                                                           
                                                               April 26, 2004                       
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE with limited powers of free                                                
conference considering CS FOR SENATE BILL NO. 283(FIN) "An                                          
Act making an appropriation to reverse the deposit of money available                               
for appropriation in the general fund at the end of fiscal year 2003 into                           
the constitutional budget reserve fund; making an appropriation for                                 
investment management fees for the constitutional budget reserve                                    
fund; making appropriations under art. IX, sec. 17(c), Constitution of                              
the State of Alaska, from the constitutional budget reserve fund; and                               
providing for an effective date"                                                                    
                                                                                                    
and                                                                                                 
                                                                                                    
CS FOR SENATE BILL NO. 283(FIN) am H "An Act making an                                              
appropriation to reverse the deposit of money available for                                         
appropriation in the general fund at the end of fiscal year 2003 into the                           
constitutional budget reserve fund; making an appropriation for                                     

2004-04-27                     Senate Journal                      Page 3100
investment management fees for the constitutional budget reserve fund                               
for fiscal year 2004; making an appropriation for investment                                        
management fees for the constitutional budget reserve fund for fiscal                               
year 2005; making appropriations to the Department of Education and                                 
Early Development for K-12 educational programs; making                                             
appropriations to the University of Alaska and the Alaska Court                                     
System; making an appropriation to reverse the deposit of money                                     
available for appropriation in the general fund at the end of fiscal year                           
2004 into the constitutional budget reserve fund; making an                                         
appropriation of the amount necessary to balance revenue and general                                
fund appropriations for fiscal years 2004 and 2005; making                                          
appropriations for power cost equalization and for grants to                                        
municipalities, unincorporated communities, and designated                                          
recipients; making appropriations under art. IX, sec. 17(c),                                        
Constitution of the State of Alaska, from the constitutional budget                                 
reserve fund; and providing for an effective date" (title change                                    
authorized by HCR 34) met on April 14 and April 26, 2004.                                           
                                                                                                    
The Conference Committee did not come to agreement on Sections 3 -                                  
9 of CS FOR SENATE BILL NO. 283(FIN) am H and respectfully                                          
requests that a Free Conference Committee be appointed.                                             
                                                                                                    
Signing the report: Senator Ben Stevens, Chair; Senators Green, Elton,                              
Representative Harris, Chair; Representatives Coghill, Kerttula.                                    
                                                                                                    
President Therriault stated the Free Conference Committee                                           
appointments will be made under unfinished business.                                                
                                                                                                    
SJR 34                                                                                            
The Senate Special Committee on World Trade and State/Federal                                       
Relations considered SENATE JOINT RESOLUTION NO. 34                                                 
Sending a message of goodwill to President Chen Shui-bian, and                                      
reaffirming the Alaska State Legislature's 2003 resolution urging the                               
United States Congress to support the granting of official Observer                                 
Status to the Republic of China and to support negotiation of a free                                
trade agreement with the Republic of China, and recommended it be                                   
replaced with                                                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-27                     Senate Journal                      Page 3101
          CS FOR SENATE JOINT RESOLUTION NO.                                                        
          34(WTR) Sending a message of goodwill to                                                  
          President Chen Shui-bian, and reaffirming the Alaska                                      
          State Legislature's 2003 resolution urging the United                                     
          States Congress to support the granting of official                                       
          Observer Status to the Republic of China on Taiwan                                        
          and to support negotiation of a free trade agreement                                      
          with the Republic of China on Taiwan.                                                     
                                                                                                    
Signing do pass: Senator Cowdery, Chair; Senators Guess, Olson,                                     
Wagoner, Therriault.                                                                                
                                                                                                    
The following fiscal information was published today:                                               
     Fiscal Note No. 1, zero, Senate Special Committee on World                                     
          Trade and State/Federal Relations                                                         
                                                                                                    
The resolution was referred to the State Affairs Committee.                                         
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 395                                                                                            
SENATE BILL NO. 395 BY THE SENATE RULES COMMITTEE,                                                  
entitled:                                                                                           
                                                                                                    
          "An Act relating to application of municipal                                              
          ordinances providing for planning, platting, and land                                     
          use regulation to interests in land owned by the                                          
          Alaska Railroad Corporation; and providing for an                                         
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Transportation                                          
Committee.                                                                                          
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 239                                                                                            
SENATE BILL NO. 239 "An Act relating to the required number of                                      
days in a school year" was read the second time.                                                    

2004-04-27                     Senate Journal                      Page 3102
Senator Dyson, Chair, moved and asked unanimous consent for the                                     
adoption of the Health, Education and Social Services Committee                                     
Substitute offered on page 2310. Without objection, CS FOR                                          
SENATE BILL NO. 239(HES) was adopted.                                                               
                                                                                                    
Senator Dyson offered Amendment No. 1 :                                                              
                                                                                                    
Page 1, line 1, following "year":                                                                 
       Insert "; and providing for an effective date"                                             
                                                                                                    
Page 2, following line 8:                                                                           
       Insert new bill sections to read:                                                            
   "* Sec. 2.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 RETROACTIVITY.  Section 1 of this Act is retroactive to                                            
July 1, 2003.                                                                                       
   * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c)."                           
                                                                                                    
Senator Dyson moved for the adoption of Amendment No. 1. Senator                                    
Green objected, then withdrew her objection. There being no further                                 
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
Senator Wagoner offered Amendment No. 2 :                                                            
                                                                                                    
Page 1, line 1, following "days":                                                                 
       Insert "or hours in session"                                                               
                                                                                                    
Page 2, lines 5 - 6:                                                                                
       Delete "of not less than 144 [170] days for a school"                                    
       Insert "that includes at least 740 hours of instruction and                              
study periods for pupils in kindergarten, first grade, second grade,                            
and third grade and at least 900 hours of instruction and study                                 
periods for pupils in grades four through 12 [OF NOT LESS                                       
THAN 170 DAYS FOR A SCHOOL]"                                                                        
                                                                                                    
Senator Wagoner moved for the adoption of Amendment No. 2.                                          
Senator Wilken objected.                                                                            
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                

2004-04-27                     Senate Journal                      Page 3103
                                                                                                    
CSSB 239(HES) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  16   NAYS:  3   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Ellis, Elton, French, Green, Guess, Hoffman,                                        
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wagoner                                                                                 
                                                                                                    
Nays:  Bunde, Dyson, Wilken                                                                         
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
and so, Amendment No. 2 was adopted.                                                                
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 239(HES) am was read the third time.                                         
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 239(HES)                                          
am "An Act relating to the required number of days or hours in session                              
in a school year; and providing for an effective date" pass the Senate?"                            
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 239(HES) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, Elton, French, Guess, Hoffman,                                 
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wagoner                                                                                 
                                                                                                    
Nays:  Green, Wilken                                                                                
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 239(HES) am passed the Senate.                                       
                                                                                                    
                                                                                                    

2004-04-27                     Senate Journal                      Page 3104
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 Wilken gave notice of reconsideration.                                                      
                                                                                                    
SB 297                                                                                            
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" was read the second time.                                                  
                                                                                                    
Senator Ogan, Chair, moved and asked unanimous consent for the                                      
adoption of the Resources Committee Substitute offered on page 2956.                                
Without objection, CS FOR SENATE BILL NO. 297(RES) "An Act                                          
relating to bear predation management and the donation and sale of                                  
bear hides and skulls" was adopted.                                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 297(RES)                                         
will be on the April 28 calendar.                                                                   
                                                                                                    
SB 340                                                                                            
SENATE BILL NO. 340 "An Act relating to the detention of                                            
delinquent minors in correctional facilities; relating to emergency                                 
detention of minors for evaluation for involuntary admission for                                    
mental health treatment; relating to detention of intoxicated minors                                
and minors incapacitated by alcohol or drugs; and providing for an                                  
effective date" was read the second time.                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault SENATE BILL NO. 340 will be on the April 28                                    
calendar.                                                                                           
                                                                                                    
                                                                                                    

2004-04-27                     Senate Journal                      Page 3105
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 31                                                                                             
CS FOR SENATE BILL NO. 31(RES) "An Act relating to a                                                
transportation corridor for extension of the Alaska Railroad to Canada                              
and to extension of the Alaska Railroad to connect with the North                                   
American railroad system" was read the third time.                                                  
                                                                                                    
Senator Ben Stevens 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 Ben Stevens offered Amendment No. 1 :                                                        
                                                                                                    
Page 5, lines 29 - 30:                                                                              
 Delete "or expending federal funds"                                                                
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent for the                                       
adoption of Amendment No. 1. Without objection, Amendment No. 1                                     
was adopted.                                                                                        
                                                                                                    
CS FOR SENATE BILL NO. 31(RES) am was automatically in third                                        
reading.                                                                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 31(RES) am                                        
"An Act relating to a transportation corridor for extension of the                                  
Alaska Railroad to Canada and to extension of the Alaska Railroad to                                
connect with the North American railroad system" pass the Senate?"                                  
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 31(RES) am                                                                                     
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Guess, Hoffman, Ogan, Seekins,                                        
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Bunde, Ellis, Elton, French, Lincoln, Olson                                                  
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    

2004-04-27                     Senate Journal                      Page 3106
and so, CS FOR SENATE BILL NO. 31(RES) am passed the Senate.                                        
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
SB 389                                                                                            
SENATE BILL NO. 389 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 389 "An Act relating                                     
to the conversion of certain corporations to limited liability                                      
companies; and providing for an effective date" pass the Senate?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SB 389                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Davis                                                                                     
                                                                                                    
and so, SENATE BILL NO. 389 passed the Senate.                                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
Senators Bunde, Lincoln, Hoffman, Olson declared a conflict of                                      
interest.                                                                                           
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
SB 283                                                                                            
President Therriault appointed the following members to a Free                                      
Conference Committee to consider CS FOR SENATE BILL NO.                                             
283(FIN) "An Act making an appropriation to reverse the deposit of                                  
money available for appropriation in the general fund at the end of                                 

2004-04-27                     Senate Journal                      Page 3107
fiscal year 2003 into the constitutional budget reserve fund; making an                             
appropriation for investment management fees for the constitutional                                 
budget reserve fund; making appropriations under art. IX, sec. 17(c),                               
Constitution of the State of Alaska, from the constitutional budget                                 
reserve fund; and providing for an effective date" and CS FOR                                       
SENATE BILL NO. 283(FIN) am H "An Act making an appropriation                                       
to reverse the deposit of money available for appropriation in the                                  
general fund at the end of fiscal year 2003 into the constitutional                                 
budget reserve fund; making an appropriation for investment                                         
management fees for the constitutional budget reserve fund for fiscal                               
year 2004; making an appropriation for investment management fees                                   
for the constitutional budget reserve fund for fiscal year 2005; making                             
appropriations to the Department of Education and Early Development                                 
for K-12 educational programs; making appropriations to the                                         
University of Alaska and the Alaska Court System; making an                                         
appropriation to reverse the deposit of money available for                                         
appropriation in the general fund at the end of fiscal year 2004 into the                           
constitutional budget reserve fund; making an appropriation of the                                  
amount necessary to balance revenue and general fund appropriations                                 
for fiscal years 2004 and 2005; making appropriations for power cost                                
equalization and for grants to municipalities, unincorporated                                       
communities, and designated recipients; making appropriations under                                 
art. IX, sec. 17(c), Constitution of the State of Alaska, from the                                  
constitutional budget reserve fund; and providing for an effective                                  
date":                                                                                              
                                                                                                    
 Senator Wilken                                                                                     
 Senator Therriault                                                                                 
 Senator Hoffman                                                                                    
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 246                                                                                            
Senator Ellis moved and asked unanimous consent to be shown as a                                    
cosponsor on SENATE BILL NO. 246 "An Act relating to the                                            
commission of an offense or a juvenile delinquency act involving the                                
victim's race, sex, color, creed, physical or mental disability, sexual                             
orientation, ancestry, or national origin; relating to sentencing,                                  
informal adjustment, and adjudication for those offenses and acts;                                  
relating to a diversity tolerance program for certain juvenile                                      

2004-04-27                     Senate Journal                      Page 3108
delinquency acts; relating to a civil cause of action for certain acts                              
involving discriminatory harassment; and providing for an effective                                 
date." Without objection, it was so ordered.                                                        
                                                                                                    
SB 170                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 170(JUD) "An                                          
Act relating to murder in the second degree, the justification of                                   
defense of self or others, immunity from prosecution, sentencing,                                   
probation, discretionary parole, and the right to representation in                                 
certain criminal proceedings; relating to violation of a custodian's                                
duty; relating to sexual abuse of a minor; relating to release of                                   
information concerning certain cases involving a minor; relating to                                 
local options regarding alcoholic beverages, the offense of furnishing                              
or delivery of alcoholic beverages to a person under 21 years of age,                               
and forfeiture of property used in, and money or other items of value                               
used in financial transactions derived from, violation of certain laws                              
relating to alcoholic beverages; relating to assault by means of a                                  
dangerous instrument; relating to operating or driving a motor vehicle,                             
aircraft, or watercraft while under the influence of an alcoholic                                   
beverage, inhalant, or controlled substance, to the refusal to submit to                            
a chemical test, and to the presumptions concerning the chemical                                    
analysis of breath or blood; and providing for an effective date" was                               
not taken up this legislative day and the bill was referred to the                                  
Secretary for engrossment.                                                                          
                                                                                                    
Senator Wilken moved and asked unanimous consent to withdraw his                                    
excused absence on April 28. Without objection, it was so ordered.                                  
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 170                                                                                            
CS FOR SENATE BILL NO. 170(JUD) "An Act relating to murder in                                       
the second degree, the justification of defense of self or others,                                  
immunity from prosecution, sentencing, probation, discretionary                                     
parole, and the right to representation in certain criminal proceedings;                            

2004-04-27                     Senate Journal                      Page 3109
relating to violation of a custodian's duty; relating to sexual abuse of a                          
minor; relating to release of information concerning certain cases                                  
involving a minor; relating to local options regarding alcoholic                                    
beverages, the offense of furnishing or delivery of alcoholic beverages                             
to a person under 21 years of age, and forfeiture of property used in,                              
and money or other items of value used in financial transactions                                    
derived from, violation of certain laws relating to alcoholic beverages;                            
relating to assault by means of a dangerous instrument; relating to                                 
operating or driving a motor vehicle, aircraft, or watercraft while                                 
under the influence of an alcoholic beverage, inhalant, or controlled                               
substance, to the refusal to submit to a chemical test, and to the                                  
presumptions concerning the chemical analysis of breath or blood; and                               
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
SB 389                                                                                            
SENATE BILL NO. 389 "An Act relating to the conversion of certain                                   
corporations to limited liability companies; and providing for an                                   
effective date" was engrossed, signed by the President and Secretary                                
and transmitted to the House for consideration.                                                     
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., April 28, 2004. Without                               
objection, the Senate adjourned at 12:39 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2004                       

2004-04-27                     Senate Journal                      Page 3110
                                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 28        Wednesday                    Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 30        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 27        Tuesday                   Senate Finance 532            9:00 AM                     
              -- Recessed to 4:00 pm --                                                             
+ SB 272 DEFERRED DEPOSIT ADVANCES (PAYDAY LOANS)                                                   
+ SB 379 PERM FUND BOARD PUBLIC MEMBER REMOVAL                                                      
+ SB 393 TAKE PERM FUND DIVIDEND FOR UNIV FEES                                                      
+= SB 306 NATUROPATHIC MEDICINE                                                                     
+= SB 307 APPEAL BONDS: TOBACCO SETTLEMENT PARTIES                                                  
+= SB  65 CORRECTIONAL FACILITY EXPANSION                                                           
+             Bills Previously Heard/Scheduled                                                      
+ SB 136 RESIDENTIAL PROPERTY TAX EXEMPTION                                                         
+ SB 278 LABOR & WORKFORCE DEVELOPMENT FEES                                                         
+= SB 364 LIMIT STATE AID FOR MENTAL HEALTH CARE                                                    
                                                                                                    
Apr 28        Wednesday                 Senate Finance 532            9:00 AM                     
+ SB 281 GENETICALLY MODIFIED FISH                                                                  
+ SB 282 PREPARED FOOD:WILD/FARMED FISH DISCLOSURE                                                  
+ SB 392 REGULATORY COMMISSION OF ALASKA                                                            
+ HB 486 MINING RECLAMATION ASSURANCES/FUND                                                         
+             Bills Previously Heard/Scheduled                                                      

2004-04-27                     Senate Journal                      Page 3111
                             FINANCE (continued)                                                 
                                                                                                    
Apr 29        Thursday                  Senate Finance 532            9:00 AM                     
+ SB 284 PF DIVIDEND APPLICATION RECORDS PRIVATE                                                    
+ SB 349 MIDWIFERY BIRTH CENTER LICENSING                                                           
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Friday                    Senate Finance 532            9:00 AM                     
+ SB 232 RETIREMENT:TEACHERS/JUDGES/PUB EMPLOYEES                                                   
+ HB 123 ALASKA WORKFORCE INVESTMENT BOARD                                                          
+ HB 503 TOBACCO MASTER SETTLEMENT AGREEMENT                                                        
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 28        Wednesday                       Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 27        Tuesday                         Butrovich 205           8:00 AM                     
+ HB 385 AWARDING CHILD CUSTODY                                                                     
+ HB 227 DISTRICT COURTS & SMALL CLAIMS                                                             
+ HB 428 CIVIL PENALTY: UNDERAGE ALCOHOL PURCHASES                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 28        Wednesday                       Butrovich 205           8:00 AM                     
+             Confirmation Hearings:                                                                
              Violent Crimes Compensation Board                                                     
              David Ingraham, Gerad Godfrey                                                         
              Board of Governors of the Alaska Bar                                                  
              Joe N. Faulhaber, Michael J. Hurley                                                   
              Commission of Judicial Conduct                                                        
              Peter J. Aschenbrenner, Thomas G. Nave                                                
+ HB  15 SOLICITATIONS/CONSUMER PROTECTION                                                          
+= HB  29 REAL PROPERTY TRANSACTIONS/LICENSEES                                                      
              <Pending Referral>                                                                    
+             Bills Previously Heard/Scheduled                                                      

2004-04-27                     Senate Journal                      Page 3112
                            JUDICIARY (continued)                                                
                                                                                                    
Apr 29        Thursday                        Butrovich 205           8:00 AM                     
              -- Agenda to be Announced --                                                          
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Friday                          Butrovich 205           8:00 AM                     
              -- Agenda to be Announced --                                                          
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 27        Tuesday                               Beltz 211         1:30 PM                     
     HB 549 UNSOLICITED COMMUNICATION:AIRCRAFT CRASH                                                
              Bills Previously Heard/Scheduled                                                      
              Including, but not Limited to:                                                        
+= SB 377 STATE MECHANICAL CODE                                                                     
              <Bill Hearing Listen Only>                                                            
+= HB  29 REAL PROPERTY TRANSACTIONS/LICENSEES                                                      
              <Bill Hearing Listen Only>                                                            
+= HB 305 UNEMPLOYMENT COMPENSATION BENEFITS                                                        
              <Bill Hearing Listen Only>                                                            
+= SB 254 TOURISM & RECREATION ASSESSMENT                                                           
+= SB 369 UNIV. STUDENT PRACTICUM LIABILITY/WAGES                                                   
+= HB 464 EXTEND BOARD OF REAL ESTATE APPRAISERS                                                    
+= HB 419 REGIONAL SEAFOOD DEVELOPMENT ASS'NS./TAX                                                  
+= HB 351 CARBON MONOXIDE DETECTION DEVICES                                                         
+= HB 339 TRADE PRACTICES: FREE TRIAL/OPT-OUT PLANS                                                 
+= HB 540 WORKERS' COMPENSATION INSURANCE RATES                                                     
              <Pending Referral>                                                                    
                                                                                                    
Apr 29        Thursday                              Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
              Premera/Blue Cross Blue Shield Conversion                                             
              "An Overview So Far"                                                                  
              Confirmation Hearings:                                                                
              Alcoholic Beverage Control Board                                                      
              State Assessment Review Board                                                         
              Board of Marine Pilots                                                                
              Alaska Workers' Compensation Board                                                    
+ HB 430 EMPLOYEES UNDER 21 AT LICENSED PREMISES                                                    
+ HB 423 TAXICAB DRIVER LIABILITY                                                                   
+ HB 418 EXTEND REAL ESTATE COMMISSION                                                              

2004-04-27                     Senate Journal                      Page 3113
                                  RESOURCES                                                      
                                                                                                    
Apr 28        Wednesday                       Butrovich 205           3:30 PM                     
+ HB 417 AK NATURAL GAS DEV. AUTHORITY INITIATIVE                                                   
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Friday                          Butrovich 205           3:30 PM                     
+= SB 312 CONVENTIONAL & NONCONVENTIONAL GAS LEASES                                                 
+ HB 522 SMALL CRUISE SHIP DISCHARGES                                                               
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 27        Tuesday                               Beltz 211         3:30 PM                     
+ SJR 33 CONGRESSIONAL VOTE ON JUDICIAL NOMINATION                                                  
+ HB 534 MAKE OFFICE OF VICTIMS RIGHTS PERMANENT                                                    
+ HB 334 UNLAWFUL EXPLOITATION OF MINOR/CHILD PORN                                                  
+ HB 405 SCHOOL PERFORMANCE DESIGNATION/REPORT                                                      
+ HB 438 MOVE OVER LAW FOR DRIVERS                                                                  
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 29        Thursday                              Beltz 211         3:30 PM                     
+ HJR 36 MITIGATING GLACIER BAY FISHING CLOSURES                                                    
+ HB 273 PARENTS' WAIVER OF CHILD'S SPORTS CLAIM                                                    
+ HB 467 COMMEMORATIVE QUARTERS COMMISSION                                                          
+ HB 476 AK STATEHOOD CELEBRATION COMMISSION                                                        
+ HB 353 JURY DUTY EXEMPTION FOR CERTAIN TEACHERS                                                   
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 27        Tuesday                         Butrovich 205           1:30 PM                     
     SB 391 DALTON HIGHWAY TRAP LINE ACCESS                                                         
     SCR 25 STATE CONSTRUCTION/MAINTENANCE CONTRACTS                                                
     SB 394 AIDEA BONDS FOR LYNN CANAL PORT                                                         
                                                                                                    
Apr 29        Thursday                        Butrovich 205           1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2004-04-27                     Senate Journal                      Page 3114
                               JOINT COMMITTEES                                                  
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Apr 27        Tuesday                    House Finance 519            7:00 AM                     
              ASCG's Final Draft of the Veteran's Home                                              
              Feasibility Study                                                                     
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
May 05        Wednesday               House Finance Room              5:00 PM                     
              Agenda To Be Announced                                                                
                   ----------------------------------------                                        
                                                                                                    
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                       
                                                                                                    
Apr 27        Tuesday                   Anch Lio Conf Rm              8:00 AM                     
              -- Teleconference <Listen Only> --                                                    
              <Subcommittee Meeting> OPEN MEETINGS                                                  
                                                                                                    
May 07        Friday                             Capitol 120          8:00 AM                     
+             Full Committee Meeting:  Open Session                                                 
              Advisory Opinion 04-03                                                                
              <Public Comment by Invitation Only>                                                   
              Open Meetings