Legislature(2003 - 2004)

2004-05-01 Senate Journal

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2004-05-01                     Senate Journal                      Page 3183
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Saturday                      May 1, 2004                      
                                                                                                    
                           One Hundred Eleventh Day                                              
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 1:11 p.m.                                                                             
                                                                                                    
The roll showed nineteen members present. Senator Ogan was absent.                                  
                                                                                                    
The prayer was offered by the Chaplain, Senator Dyson. Senator                                      
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
                              The Lord's Prayer                                                    
                                                                                                    
                       Our Father which art in heaven,                                             
                            Hallowed be Thy name.                                                  
                              Thy kingdom come.                                                    
                          Thy will be done on earth,                                               
                             as it is in heaven.                                                   
                      Give us this day our daily bread.                                            
                        And forgive us our trespasses,                                             
                 as we forgive those who trespass against us.                                      
                       And lead us not into temptation,                                            
                          but deliver us from evil:                                                
                          For Thine is the kingdom,                                                
                    and the power, and the glory, forever.                                         
                                    Amen.                                                          
                                                                                                    
                                                                                                    
Senator Seekins led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3184
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journals for the one hundred ninth and one hundred tenth legislative                                
days be approved as certified by the Secretary. Without objection, it                               
was so ordered.                                                                                     
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
Letter dated and received April 30 was read, stating in reviewing our                               
records, an appointee was inadvertently omitted from the submission                                 
of appointments dated April 20, 2004, requiring legislative                                         
confirmation.                                                                                       
                                                                                                    
In accordance with AS 39.05.080, I submit the following name for                                    
legislative confirmation of appointment to the board set out below:                                 
                                                                                                    
Board of Marine Pilots                                                                            
 Jack G. Poulson, Esq. - Juneau                                                                     
  Appointed:  6/7/2001  Reappointed:  3/24/2004                                                     
  Term Expires:  3/1/2008                                                                           
                                                                                                    
The appointment was referred to the Labor and Commerce Committee.                                   
                                                                                                    
The resume for this appointment has been submitted to the Offices of                                
the Senate Secretary and the Chief Clerk.                                                           
                                                                                                    
Letter dated and received April 30 was read, stating in accordance                                  
with AS 39.05.080, I submit the following names for legislative                                     
confirmation of appointment to the boards and commissions set out                                   
below:                                                                                              
                                                                                                    
Board of Certified Direct-Entry Midwives                                                          
 Dana L. Brown - Fairbanks                                                                          
  Appointed: 1/19/2000  Reappointed: 4/30/2004                                                      
          Term Expires: 3/1/2008                                                                    
 Sharon K. Evans - Palmer                                                                           
  Appointed: 3/27/2001  Reappointed: 4/30/2004                                                      
          Term Expires: 3/1/2008                                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3185
Board of Examiners in Optometry                                                                   
 Dr. Jill Geering Matheson - Juneau                                                                 
  Appointed: 4/30/2004  Term Expires: 3/1/2008                                                      
 Dr. Jeff Gonnason - Anchorage                                                                      
  Appointed: 4/30/2004  Term Expires: 3/1/2007                                                      
                                                                                                    
Board of Dispensing Opticians                                                                     
 Larry E. Harper - Anchorage                                                                        
  Appointed: 6/14/2000  Reappointed: 4/30/2004                                                      
          Term Expires: 3/1/2008                                                                    
                                                                                                    
The appointments were referred to the Health, Education and Social                                  
Services Committee.                                                                                 
                                                                                                    
Board of Game                                                                                     
 Michael R. Fleagle - McGrath                                                                       
  Appointed: 1/21/2003  Reappointed: 4/30/2004                                                      
          Term Expires: 3/1/2007                                                                    
                                                                                                    
The appointment was referred to the Resources Committee.                                            
                                                                                                    
The resumes for these appointments have been submitted to the                                       
Offices of the Senate Secretary and the Chief Clerk.                                                
                                                                                                    
Letter dated and received April 30 was read, stating Mr. James                                      
Spalding, our appointee to the labor seat of the Alaska Labor Relations                             
Agency, has withdrawn his acceptance of his appointment. Please                                     
remove his name from consideration for confirmation.                                                
                                                                                                    
The presence of Senator Ogan was noted.                                                             
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 283                                                                                            
Message dated April 30 was read stating, the Speaker has appointed                                  
the following members to a Free Conference Committee to consider                                    
CS FOR SENATE BILL NO. 283(FIN) am H and                                                            
                                                                                                    
          CS FOR SENATE BILL NO. 283(FIN)                                                           
          APPROP:  EDUC/CBR/COURTS/GRANTS/PCE                                                       
 Representative Williams, Chair                                                                     
 Representative Kott                                                                                
 Representative Joule                                                                               

2004-05-01                     Senate Journal                      Page 3186
Senate members were appointed April 27.                                                             
                                                                                                    
President Therriault stated Senator Wilken will serve as Chair for the                              
Senate Conference Committee members.                                                                
                                                                                                    
 Senator Wilken, Chair                                                                              
 Senator Therriault                                                                                 
 Senator Hoffman                                                                                    
                                                                                                    
HB 375                                                                                            
Message dated April 30 was read stating, the Speaker has granted                                    
limited powers of free conference to the Conference Committee                                       
considering 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 SENATE CS FOR CS FOR                                           
HOUSE BILL NO. 375(FIN) am S(brf sup maj fld S) on the attached                                     
specific points.                                                                                    
                                                                                                    
The specific points will be published in Senate and House Joint                                     
Journal Supplement No. 18.                                                                          
                                                                                                    
HB 377                                                                                            
Message dated April 30 was read stating, the Speaker has granted                                    
limited powers of free conference to the Conference Committee                                       
considering 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 SENATE CS FOR CS FOR HOUSE BILL NO.                                             
377(FIN) on the attached specific points.                                                           
                                                                                                    
The specific points will be published in Senate and House Joint                                     
Journal Supplement No. 18.                                                                          
                                                                                                    
Messages dated April 29, April 30 and May 1 were read, stating the                                  
House passed and transmitted for consideration:                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3187
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HJR 9                                                                                             
CS FOR HOUSE JOINT RESOLUTION NO. 9(FIN) am BY THE                                                  
HOUSE FINANCE COMMITTEE,                                                                            
                                                                                                    
          Proposing amendments to the Constitution of the                                           
          State of Alaska relating to an appropriation limit.                                       
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HJR 26                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 26(FIN) BY THE                                                    
HOUSE FINANCE COMMITTEE,                                                                            
                                                                                                    
          Proposing amendments to the Constitution of the                                           
          State of Alaska relating to and limiting appropriations                                   
          from the Alaska permanent fund based on an                                                
          averaged percent of the fund market value.                                                
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HJR 48                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 48(RLS) BY THE                                                    
HOUSE RULES COMMITTEE,                                                                              
                                                                                                    
          Sending a message of goodwill to President Chen                                           
          Shui-bian and to the people of Taiwan, 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.                                                              
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3188
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 275                                                                                            
CS FOR HOUSE BILL NO. 275(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to animals, and to the care of and to                                    
          cruelty to animals."                                                                      
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 298                                                                                            
CS FOR HOUSE BILL NO. 298(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to the income of and appropriations                                      
          from the Alaska permanent fund under art. IX, sec.                                        
          15(b), Constitution of the State of Alaska, and                                           
          making conforming amendments; relating to the                                             
          determination of net income of the mental health trust                                    
          fund; and providing for an effective date."                                               
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 333                                                                                            
CS FOR HOUSE BILL NO. 333(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to an endowment for public                                               
          education and the University of Alaska; relating to                                       
          university land; and providing for an effective date."                                    
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 336                                                                                            
CS FOR HOUSE BILL NO. 336(JUD) am  BY THE HOUSE                                                     
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    

2004-05-01                     Senate Journal                      Page 3189
          "An Act relating to motor vehicle insurance; limiting                                     
          recovery of civil damages by an uninsured driver;                                         
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 338                                                                                            
CS FOR HOUSE BILL NO. 338(HES) BY THE HOUSE HEALTH,                                                 
EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled:                                                  
                                                                                                    
          "An Act relating to attendance at public school; and                                      
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
HB 364                                                                                            
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                        
364(O&G) BY THE HOUSE SPECIAL COMMITTEE ON OIL AND                                                  
GAS, entitled:                                                                                      
                                                                                                    
          "An Act prohibiting the issuance of state shallow                                         
          natural gas leases in the vicinity of Kachemak Bay,                                       
          modifying the authority to extend certain shallow                                         
          natural gas leases, and precluding the director of the                                    
          division of lands from reissuing or otherwise                                             
          extending shallow natural gas leases within the                                           
          Kachemak Bay area if there is a breach of a term or                                       
          condition of the lease; and providing for an effective                                    
          date."                                                                                    
                                                                                                    
was read the first time and referred to the State Affairs and Resources                             
Committees.                                                                                         
                                                                                                    
HB 381                                                                                            
CS FOR HOUSE BILL NO. 381(RLS) BY THE HOUSE RULES                                                   
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to child endangerment."                                                  

2004-05-01                     Senate Journal                      Page 3190
was read the first time and referred to the Health, Education and Social                            
Services and Judiciary Committees                                                                   
                                                                                                    
HB 395                                                                                            
CS FOR HOUSE BILL NO. 395(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to the recovery of shallow natural                                       
          gas, to the regulation of shallow natural gas or coal                                     
          bed methane operations, and to oil and gas leasing                                        
          operations involving activities not governed under                                        
          the Alaska Land Act; contingently redesignating                                           
          shallow natural gas as nonconventional gas, and                                           
          relating to the regulation of that gas under that                                         
          contingency; and providing for an effective date."                                        
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 421                                                                                            
CS FOR HOUSE BILL NO. 421(JUD) BY THE HOUSE                                                         
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
            "An Act relating to reconveyances of deeds of trust."                                  
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    
HB 427                                                                                            
CS FOR HOUSE BILL NO. 427(JUD) BY THE HOUSE                                                         
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to guardianships and                                                     
          conservatorships, to the public guardian and the                                          
          office of public advocacy, to private professional                                        
          guardians and private professional conservators, to                                       
          court visitors, court-appointed attorneys, guardians ad                                   
          litem, and fiduciaries, and to the protection of the                                      
          person or property of certain individuals, including                                      
          minors; amending Rule 17(c), Alaska Rules of Civil                                        

2004-05-01                     Senate Journal                      Page 3191
          Procedure, and Rules 16(f) and 17(e), Alaska Rules                                        
          of Probate Procedure; and providing for an effective                                      
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 443                                                                                            
HOUSE BILL NO. 443 BY REPRESENTATIVES KERTTULA,                                                     
Hawker, Lynn, Dahlstrom, entitled:                                                                  
                                                                                                    
          "An Act relating to eligibility of nurses for the                                         
          teachers' and nurses' housing loan program of the                                         
          Alaska Housing Finance Corporation."                                                      
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
HB 474                                                                                            
CS FOR HOUSE BILL NO. 474(JUD) am BY THE HOUSE                                                      
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to civil liability associated with                                       
          aircraft runways, airfields, and landing areas."                                          
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
HB 489                                                                                            
HOUSE BILL NO. 489 BY THE HOUSE RULES COMMITTEE BY                                                  
REQUEST OF THE GOVERNOR, entitled:                                                                  
                                                                                                    
          "An Act relating to the administration of the Alaska                                      
          Vocational Technical Center; and providing for an                                         
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3192
HB 495                                                                                            
CS FOR HOUSE BILL NO. 495(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act allowing a joint action agency to encumber                                        
          property interests for security purposes; declaring                                       
          certain joint action agencies to be political                                             
          subdivisions for certain purposes; restricting the sale                                   
          of property of the joint action agency; allowing the                                      
          joint action agency to transfer property to security                                      
          interest holders under a security interest or to other                                    
          parties without legislative approval; and providing                                       
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 512                                                                                            
CS FOR HOUSE BILL NO. 512(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act establishing the Hydrogen Energy                                                  
          Partnership in the Department of Community and                                            
          Economic Development; requiring the commissioner                                          
          of community and economic development to seek                                             
          public and private funding for the partnership;                                           
          providing for the contingent repeal of an effective                                       
          date; and providing for an effective date."                                               
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
HB 515                                                                                            
HOUSE BILL NO. 515 BY THE HOUSE LABOR AND                                                           
COMMERCE COMMITTEE, entitled:                                                                       
                                                                                                    
          "An Act relating to the regulation of municipal water                                     
          and sewer utilities not in competition with other                                         
          water and sewer utilities."                                                               
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Finance Committees.                                                                     

2004-05-01                     Senate Journal                      Page 3193
HB 531                                                                                            
CS FOR HOUSE BILL NO. 531(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to natural gas exploration and                                           
          development and to nonconventional gas, and                                               
          amending the section under which shallow natural                                          
          gas leases may be issued; and providing for an                                            
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Resources and                                           
Finance Committees.                                                                                 
                                                                                                    
HB 539                                                                                            
CS FOR HOUSE BILL NO. 539(L&C) BY THE HOUSE LABOR                                                   
AND COMMERCE COMMITTEE, entitled:                                                                   
                                                                                                    
          "An Act exempting a person who allows a student of                                        
          the University of Alaska to gain practical work                                           
          experience with the person while participating in a                                       
          practicum from vicarious liability as an employer,                                        
          and exempting the student participating in a                                              
          practicum from the Alaska Wage and Hour Act; and                                          
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 540                                                                                            
CS FOR HOUSE BILL NO. 540(L&C) BY THE HOUSE LABOR                                                   
AND COMMERCE COMMITTEE, entitled:                                                                   
                                                                                                    
          "An Act relating to workers' compensation insurance                                       
          rates; and providing for an effective date."                                              
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
HB 542                                                                                            
CS FOR HOUSE BILL NO. 542(RLS) BY THE HOUSE RULES                                                   
COMMITTEE, entitled:                                                                                

2004-05-01                     Senate Journal                      Page 3194
                                                                                                    
          "An Act reducing to $5,000 the ceiling for a contract                                     
          price allowed under one construction contractor                                           
          exemption and expanding the work that a specialty                                         
          contractor may perform to include, in addition to                                         
          work requiring not more than three trades, work                                           
          under that construction contractor exemption; and                                         
          changing the definition of specialty contractor to                                        
          refer to the work that a specialty contractor may                                         
          perform."                                                                                 
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
HB 545                                                                                            
CS FOR HOUSE BILL NO. 545(L&C) BY THE HOUSE LABOR                                                   
AND COMMERCE COMMITTEE, entitled:                                                                   
                                                                                                    
          "An Act relating to time extensions under the State                                       
          Procurement Code for real property leases; and                                            
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 546                                                                                            
CS FOR HOUSE BILL NO. 546(JUD) BY THE HOUSE                                                         
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to regulation of the discharge of                                        
          pollutants from timber-related activities under the                                       
          National Pollutant Discharge Elimination System;                                          
          relating to waste treatment and disposal permits;                                         
          making conforming amendments; and providing for                                           
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 556                                                                                            
CS FOR HOUSE BILL NO. 556(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                

2004-05-01                     Senate Journal                      Page 3195
          "An Act relating to a port development project on                                         
          Lynn Canal, providing legislative approval for the                                        
          Alaska Industrial Development and Export Authority                                        
          to issue bonds for the project; and providing for an                                      
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated April 29 was read stating:                                                             
                                                                                                    
In accordance with AS 39.05.080, the Senate Labor and Commerce                                      
Committee reviewed the following and recommends the appointments                                    
be forwarded to a joint session for consideration:                                                  
                                                                                                    
Alcoholic Beverage Control Board                                                                  
     Duane Udland - Anchorage                                                                       
                                                                                                    
State Assessment Review Board                                                                     
 Allen S. Black - Palmer                                                                            
 Patrick S. Carlson - Kodiak                                                                        
                                                                                                    
Board of Marine Pilots                                                                            
 Robert J. Arts - Anchorage                                                                         
                                                                                                    
Alaska Workers' Compensation Board                                                                
 Valarie L. Allmon - Anchorage                                                                      
 Chris N. Johansen - Fairbanks                                                                      
 David Kester - Anchorage                                                                           
 James (Jay) N. Rhodes - Ketchikan                                                                  
 Patricia J. Vollendorf - Anchorage                                                                 
                                                                                                    
State Board of Registration for Architects, Engineers and Land                                    
Surveyors                                                                                         
 Craig Fredeen - Eagle River                                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3196
Board of Barbers and Hairdressers                                                                 
 Debra Long - Fairbanks                                                                             
 Joylene A. Marrs - Anchorage                                                                       
 Angela J. Rosas - Houston                                                                          
 Larry Allen Ungerecht - Anchorage                                                                  
                                                                                                    
This does not reflect intent by any of the members to vote for or                                   
against the individuals during any future sessions.                                                 
                                                                                                    
Signing the report: Senator Bunde, Chair; Senators French, Davis.                                   
                                                                                                    
SB 65                                                                                             
The Finance Committee considered SENATE BILL NO. 65 "An Act                                         
authorizing the Department of Corrections to enter into agreements                                  
with municipalities for new or expanded public correctional facilities                              
in the Fairbanks North Star Borough, the Matanuska-Susitna Borough,                                 
Bethel, and the Municipality of Anchorage" and recommended it be                                    
replaced with                                                                                       
                                                                                                    
       CS FOR SENATE BILL NO. 65(FIN) "An Act relating to                                           
       correctional officers, parole officers, and probation officers;                              
       authorizing the Department of Corrections to enter into                                      
       agreements with municipalities for new or expanded public                                    
       correctional facilities in the Fairbanks North Star Borough,                                 
       the Matanuska-Susitna Borough, Bethel, the Municipality                                      
       of Anchorage, and the City of Seward; relating to the                                        
       development and financing of privately operated                                              
       correctional facility space and services; authorizing the                                    
       Department of Corrections to enter into an agreement with                                    
       the City of Whittier for the confinement and care of                                         
       prisoners in privately operated correctional facility space if                               
       the state cannot provide those services for the same or less                                 
       cost; giving notice of and approving, and authorizing the                                    
       entry into and issuance of certificates of participation for,                                
       the upgrade, expansion, and replacement of certain jails in                                  
       Dillingham and Kodiak; and providing for an effective                                        
       date."                                                                                       
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators                                         
Hoffman, Ben Stevens, Dyson. Signing no recommendation: Senator                                     
Olson.                                                                                              

2004-05-01                     Senate Journal                      Page 3197
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Corrections                                                       
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 232                                                                                            
The Finance Committee considered SENATE BILL NO. 232 "An Act                                        
relating to federal requirements for governmental plan and other                                    
qualifications for the teachers' retirement system, the public                                      
employees' retirement system, and the judicial retirement system; and                               
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
          CS FOR SENATE BILL NO. 232(FIN) "An Act                                                   
          relating to federal tax requirements for and other                                        
          provisions of the teachers' retirement system, the                                        
          public employees' retirement system, and the judicial                                     
          retirement system; removing village public safety                                         
          officers from the public employees' retirement                                            
          system; eliminating the public employees' retirement                                      
          system conditional duty to refund contributions under                                     
          $1,000 to inactive employees; limiting service credit                                     
          for village public safety officer service in the public                                   
          employees' retirement system to five years; and                                           
          providing for an effective date."                                                         
                                                                                                    
Signing do pass: Senator Wilken, Cochair; Senators Dyson, Bunde,                                    
Ben Stevens. Signing no recommendation: Senator Green, Cochair;                                     
Senators Hoffman, Olson.                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 254                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
254 "An Act relating to the levy and collection of an assessment on                                 
certain tourism-related and recreation-related goods and services, and                              
repealing the levy of excise taxes of certain passenger and recreation                              
vehicles; and providing for an effective date" and recommended it be                                
replaced with                                                                                       

2004-05-01                     Senate Journal                      Page 3198
                                                                                                    
          CS FOR SENATE BILL NO. 254(L&C) "An Act                                                   
          relating to the levy and collection of an assessment                                      
          on certain tourism-related and recreation-related                                         
          sales, leases, and rentals, to tourism marketing                                          
          contracts, and to vehicle rental taxes; relating to                                       
          Alaska marine highway system passenger fares; and                                         
          providing for an effective date."                                                         
                                                                                                    
Signing no recommendation: Senator Bunde, Chair; Senator Gary                                       
Stevens. Signing do not pass: Senator French. Signing amend: Senator                                
Seekins.                                                                                            
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 272                                                                                            
Forthcoming fiscal note (page 3120) for the Finance Committee                                       
Substitute for 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" was published April 29:                                            
 Fiscal Note No. 2, Department of Community and Economic                                            
          Development                                                                               
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 302                                                                                            
The Finance Committee considered SENATE BILL NO. 302 "An Act                                        
relating to the authority to take oaths, affirmations, and                                          
acknowledgments in the state; relating to notaries public; relating to                              
fees for issuing certificates with the seal of the state affixed; and                               
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
          CS FOR SENATE BILL NO. 302(FIN) "An Act                                                   
          relating to the authority to take oaths, affirmations,                                    
          and acknowledgments in the state, to notarizations, to                                    
          verifications, to acknowledgments, to fees for issuing                                    
          certificates with the seal of the state affixed, and to                                   
          notaries public; and providing for an effective date."                                    

2004-05-01                     Senate Journal                      Page 3199
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Olson, Bunde, Ben Stevens.                                                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Office of the Governor                                                          
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 306                                                                                            
Forthcoming fiscal note (page 3121) for the Finance Committee                                       
Substitute for SENATE BILL NO. 306 "An Act relating to the                                          
practice of naturopathic medicine; and providing for an effective date"                             
was published today:                                                                                
 Fiscal Note No. 2, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    
SB 349                                                                                            
The Finance Committee considered SENATE BILL NO. 349 "An Act                                        
requiring licensure of midwifery birth centers; and providing for an                                
effective date." Signing do pass: Senators Green, Wilken, Cochairs;                                 
Senators Hoffman, Olson, Ben Stevens, Dyson.                                                        
                                                                                                    
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 371                                                                                            
The Finance Committee considered SENATE BILL NO. 371 "An Act                                        
relating to the powers and duties of the Department of Transportation                               
and Public Facilities; relating to a long-range program for highway                                 
construction and maintenance; repealing a requirement that public                                   
facilities comply with energy standards adopted by the Department of                                
Transportation and Public Facilities; and providing for an effective                                
date" and recommended the adoption of the Transportation Committee                                  
Substitute offered on page 2819.                                                                    
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Bunde, Ben Stevens. Signing no recommendation: Senator Olson.                                       
                                                                                                    

2004-05-01                     Senate Journal                      Page 3200
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Transportation and Public                                   
          Facilities                                                                                
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 376                                                                                            
The Finance Committee considered SENATE BILL NO. 376 "An Act                                        
relating to public assistance and subpoena powers" and recommended                                  
the adoption of the Health, Education and Social Services Committee                                 
Substitute offered on page 2938.                                                                    
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Olson, Bunde, Ben Stevens.                                                                          
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, zero, Department of Revenue                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Health and Social Services                                        
 Fiscal Note No. 2, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 393                                                                                            
The Finance Committee considered SENATE BILL NO. 393 "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" and                              
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SENATE BILL NO. 393(FIN)                                                           
                                                                                                    
Signing do pass: Senator Wilken, Cochair; Senators Hoffman, Ben                                     
Stevens, Dyson. Signing no recommendation: Senator Green, Cochair;                                  
Senator Olson.                                                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, University of Alaska                                                            
 Fiscal Note No. 2, Department of Revenue                                                           

2004-05-01                     Senate Journal                      Page 3201
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 395                                                                                            
The Transportation Committee considered SENATE BILL NO. 395                                         
"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" and recommended it be replaced with                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 395(TRA) "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; authorizing the Alaska                                              
          Railroad Corporation to extend its rail line to Fort                                      
          Greely, Alaska; authorizing the Alaska Railroad                                           
          Corporation to issue bonds to finance the cost of the                                     
          extension and necessary facilities and equipment; and                                     
          providing for an effective date."                                                         
                                                                                                    
Signing do pass: Senators Wagoner, Cowdery, Cochairs. Signing no                                    
recommendation: Senator Therriault.                                                                 
                                                                                                    
The following fiscal information was published today:                                               
     Fiscal Note No. 1, zero, Department of Community and Economic                                  
          Development                                                                               
                                                                                                    
President Therriault added a Finance Committee referral to the bill.                                
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 29                                                                                             
The Labor and Commerce Committee considered CS FOR SPONSOR                                          
SUBSTITUTE FOR HOUSE BILL NO. 29(JUD) am "An Act relating                                           
to real estate licensees and real estate transactions; and providing for                            
an effective date" and recommended it be replaced with                                              
                                                                                                    
          SENATE CS FOR CS FOR SPONSOR                                                              
          SUBSTITUTE FOR HOUSE BILL NO. 29(L&C)                                                     
                                                                                                    

2004-05-01                     Senate Journal                      Page 3202
Signing no recommendation: Senator Bunde, Chair; Senator Gary                                       
Stevens. Signing do pass: Senator Seekins. Signing amend: Senator                                   
French.                                                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 273                                                                                            
The State Affairs Committee considered CS FOR SPONSOR                                               
SUBSTITUTE FOR HOUSE BILL NO. 273(JUD) am "An Act                                                   
relating to the right of a parent to waive an unemancipated child's                                 
claim of negligence against a provider of sports or recreational                                    
activities." Signing no recommendation: Senator Gary Stevens, Chair;                                
Senators Stedman, Guess.                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 305                                                                                            
The Labor and Commerce Committee considered HOUSE BILL NO.                                          
305 "An Act relating to the calculation and payment of unemployment                                 
compensation benefits; and providing for an effective date" and                                     
recommended it be replaced with                                                                     
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 305(L&C)                                                     
                                                                                                    
Signing do pass: Senator Bunde, Chair; Senators Seekins, Gary                                       
Stevens. Signing no recommendation: Senator French.                                                 
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Labor and Workforce                                         
          Development                                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    

2004-05-01                     Senate Journal                      Page 3203
HB 353                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
353(JUD) "An Act exempting certain teachers at certain schools from                                 
jury service during school terms; and amending Rule 15(k), Alaska                                   
Rules of Administration." Signing no recommendation: Senator Gary                                   
Stevens, Chair; Senator Stedman. Signing do pass: Senator Guess.                                    
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 2, zero, Department of Education and Early                                         
          Development                                                                               
                                                                                                    
The bill was referred to the Health, Education and Social Services                                  
Committee.                                                                                          
                                                                                                    
HB 423                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 423(JUD) am "An Act relating to accidents involving the                                    
vehicle of a person under the influence of an alcoholic beverage."                                  
Signing do pass: Senator Bunde, Chair. Signing no recommendation:                                   
Senators French, Davis.                                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 425                                                                                            
The Health, Education and Social Services Committee considered CS                                   
FOR HOUSE BILL NO. 425(EDU) "An Act relating to funding for                                         
school districts operating secondary school boarding programs and to                                
funding for school districts from which boarding students come; and                                 
providing for an effective date." Signing do pass: Senator Dyson,                                   
Chair. Signing no recommendation: Senators Guess, Green, Davis,                                     
Wilken.                                                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Education and Early                                               
          Development                                                                               

2004-05-01                     Senate Journal                      Page 3204
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 430                                                                                            
The Labor and Commerce Committee considered HOUSE BILL NO.                                          
430 "An Act relating to employees under 21 years of age in the                                      
premises of hotels, restaurants, and eating places that are licensed to                             
sell, serve, deliver, or dispense alcoholic beverages." Signing do pass:                            
Senator Bunde, Chair; Senator Davis. Signing no recommendation:                                     
Senator Gary Stevens.                                                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                         
          Development                                                                               
 Fiscal Note No. 2, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 438                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
438(JUD) am "An Act relating to motorists moving over or slowing                                    
down for emergency vehicles" and recommended it be replaced with                                    
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          438(STA)                                                                                  
                                                                                                    
Signing do pass: Senator Gary Stevens, Chair; Senators Cowdery,                                     
Stedman. Signing no recommendation: Senator Guess.                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 467                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
467(FIN) "An Act establishing an Alaska Commemorative Coin                                          
Commission to develop the design concepts and to make                                               
recommendations regarding the final design of the Alaska quarter                                    
under the 50 States Commemorative Coin Program Act; and providing                                   
for an effective date." Signing no recommendation: Senator Gary                                     
Stevens, Chair; Senator Stedman. Signing do pass: Senator Guess.                                    

2004-05-01                     Senate Journal                      Page 3205
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, House Finance Committee                                                   
                                                                                                    
The bill was referred to the Health, Education and Social Services                                  
Committee.                                                                                          
                                                                                                    
HB 476                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
476(STA) "An Act establishing the Alaska Statehood Celebration                                      
Commission; and providing for an effective date." Signing do pass:                                  
Senator Gary Stevens, Chair; Senators Stedman, Guess.                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Legislative Agency                                                        
 Fiscal Note No. 3, zero, House Finance Committee                                                   
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 486                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
486(FIN) "An Act relating to reclamation bonding and financial                                      
assurance for certain mines; relating to financial assurance limits for                             
lode mines; establishing the mine reclamation trust fund; and                                       
providing for an effective date." Signing do pass: Senators Green,                                  
Wilken, Cochairs; Senator Ben Stevens. Signing no recommendation:                                   
Senators Hoffman, Olson.                                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, Department of Revenue                                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 500                                                                                            
The Health, Education and Social Services Committee considered                                      
HOUSE BILL NO. 500(title am) "An Act including the Joint                                            
Commission on Accreditation of Healthcare Organizations under the                                   
definition of medical review organizations." Signing do pass: Senator                               
Dyson, Chair; Senators Guess, Green, Davis, Wilken.                                                 
                                                                                                    

2004-05-01                     Senate Journal                      Page 3206
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 Health and Social Services                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 517                                                                                            
The Labor and Commerce Committee considered HOUSE BILL NO.                                          
517(title am) "An Act relating to the definition of certain security                                
accounts, including certain reinvestment, investment management, and                                
custody accounts." Signing do pass: Senator Bunde, Chair. Signing no                                
recommendation: Senators Davis, Gary Stevens.                                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 522                                                                                            
The Resources Committee considered HOUSE BILL NO. 522 am "An                                        
Act relating to discharges from small commercial passenger vessels;                                 
and providing for an effective date." Signing do pass: Senator Ogan,                                
Chair; Senators Elton, Dyson, Wagoner, Ben Stevens.                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Environmental                                               
          Conservation                                                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 549                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 549(JUD) am "An Act relating to unsolicited                                                
communications following an aircraft accident" and recommended it                                   
be replaced with                                                                                    
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          549(L&C)                                                                                  

2004-05-01                     Senate Journal                      Page 3207
Signing no recommendation: Senator Bunde, Chair; Senators Seekins,                                  
Gary Stevens. Signing do not pass: Senator French.                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SJR 33                                                                                            
The State Affairs Committee considered SENATE JOINT                                                 
RESOLUTION NO. 33 Urging our United States Senators to work to                                      
allow a timely vote on the floor on all judicial nominations, and                                   
recommended it be replaced with                                                                     
                                                                                                    
                      CS FOR SENATE JOINT RESOLUTION NO.                                           
          33(STA)                                                                                   
                                                                                                    
Signing do pass: Senator Gary Stevens, Chair, Senator Cowdery.                                      
Signing do not pass: Senator Guess. Signing no recommendation:                                      
Senator Stedman.                                                                                    
                                                                                                    
The following fiscal information was published today:                                               
     Fiscal Note No. 1, zero, Senate State Affairs Committee                                        
                                                                                                    
The resolution was referred to the Judiciary Committee.                                             
                                                                                                    
HJR 36                                                                                            
The State Affairs Committee considered HOUSE JOINT                                                  
RESOLUTION NO. 36 Requesting the National Park Service to                                           
mitigate the adverse economic effects of commercial fishing closures                                
and restrictions in Glacier Bay National Park and Preserve. Signing do                              
pass: Senator Gary Stevens, Chair; Senators Cowdery, Stedman.                                       
Signing no recommendation: Senator Guess.                                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Legislative Agency                                                        
                                                                                                    
The resolution was referred to the Resources Committee.                                             
                                                                                                    

2004-05-01                     Senate Journal                      Page 3208
HJR 41                                                                                            
The State Affairs Committee considered CS FOR HOUSE JOINT                                           
RESOLUTION NO. 41(RES) Relating to support for the Federal Land                                     
Recreational Visitor Protection Act. Signing no recommendation:                                     
Senator Gary Stevens, Chair; Senators Cowdery, Stedman. Signing do                                  
pass: Senator Guess.                                                                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House Resources Committee                                                 
                                                                                                    
The resolution was referred to the Resources Committee.                                             
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
HB 375                                                                                            
The following report was received April 29:                                                         
                                                               April 26, 2004                       
                                                                                                    
Dear Mr. President and Mr. Speaker,                                                                 
                                                                                                    
The CONFERENCE 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 SENATE CS FOR CS FOR HOUSE BILL NO. 375(FIN) am                                                 
S(brf sup maj fld S) respectfully requests limited powers of free                                   
conference on the following specific points (details listed in attached                             
reports):                                                                                           
 Allocations with Items Subject to Conference                                                       
 Language Subject to Conference                                                                     
 Structural Changes Subject to Conference                                                           
 Mental Health Capital Projects Subject to Conference                                               
                                                                                                    
The details of the specific points will be published in Senate and                                  
House Joint Journal Supplement No. 18.                                                              
                                                                                                    
Signing the report: Representative Harris, Chair; Representatives                                   
Williams, Croft. Senators Green, Wilken, Hoffman.                                                   
                                                                                                    

2004-05-01                     Senate Journal                      Page 3209
President Therriault granted the Conference Committee limited                                       
powers of free conference as requested.                                                             
                                                                                                    
HB 377                                                                                            
The following report was received April 29:                                                         
                                                               April 26, 2004                       
                                                                                                    
Dear Mr. President and Mr. Speaker,                                                                 
                                                                                                    
The CONFERENCE 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 SENATE CS                                  
FOR CS FOR HOUSE BILL NO. 377(FIN) respectfully requests                                            
limited powers of free conference on the following specific points                                  
(details listed in attached reports):                                                               
 Allocations with Items Subject to Conference                                                       
 Language Subject to Conference                                                                     
 Structural Changes Subject to Conference                                                           
 Mental Health Capital Projects Subject to Conference                                               
                                                                                                    
The details of the specific points will be published in Senate and                                  
House Joint Journal Supplement No. 18.                                                              
                                                                                                    
Signing the report: Representative Harris, Chair; Representatives                                   
Williams, Croft. Senators Green, Wilken, Hoffman.                                                   
                                                                                                    
President Therriault granted the Conference Committee limited                                       
powers of free conference as requested.                                                             
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 65                                                                                             
SENATE BILL NO. 65 "An Act authorizing the Department of                                            
Corrections to enter into agreements with municipalities for new or                                 
expanded public correctional facilities in the Fairbanks North Star                                 
Borough, the Matanuska-Susitna Borough, Bethel, and the                                             
Municipality of Anchorage" was read the second time.                                                

2004-05-01                     Senate Journal                      Page 3210
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 3196.                                  
Without objection, CS FOR SENATE BILL NO. 65(FIN) "An Act                                           
relating to correctional officers, parole officers, and probation officers;                         
authorizing the Department of Corrections to enter into agreements                                  
with municipalities for new or expanded public correctional facilities                              
in the Fairbanks North Star Borough, the Matanuska-Susitna Borough,                                 
Bethel, the Municipality of Anchorage, and the City of Seward;                                      
relating to the development and financing of privately operated                                     
correctional facility space and services; authorizing the Department of                             
Corrections to enter into an agreement with the City of Whittier for the                            
confinement and care of prisoners in privately operated correctional                                
facility space if the state cannot provide those services for the same or                           
less cost; giving notice of and approving, and authorizing the entry                                
into and issuance of certificates of participation for, the upgrade,                                
expansion, and replacement of certain jails in Dillingham and Kodiak;                               
and providing for an effective date" was adopted.                                                   
                                                                                                    
Senator Green offered Title Amendment No. 1:                                                        
                                                                                                    
Page 1, line 1, following "relating to":                                                          
 Insert "the qualifications of"                                                                   
                                                                                                    
Senator Green moved for the adoption of Title Amendment No. 1.                                      
Without objection, Title Amendment No. 1 was adopted.                                               
                                                                                                    
Senators Guess, Green offered Amendment No. 2:                                                      
                                                                                                    
Page 4, line 7:                                                                                     
 Delete "these services"                                                                            
 Insert "the same level of services required in state law or                                        
regulation"                                                                                         
                                                                                                    
Page 4, line 9:                                                                                     
     Delete "these services"                                                                        
     Insert "the same level of services required in state law or                                    
regulation"                                                                                         
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 2. Without                                    
objection, Amendment No. 2 was adopted.                                                             

2004-05-01                     Senate Journal                      Page 3211
Senators Wagoner, Green offered Amendment No. 3:                                                    
                                                                                                    
Page 3, line 28:                                                                                    
Insert new subsection                                                                               
     "(d) at the end of the term of the lease-purchase agreement, the                               
state shall own the correctional facility"                                                          
                                                                                                    
Page 5, line 17:                                                                                    
Insert new subsection                                                                               
     "(e) at the end of the term of the lease-purchase agreement, the                               
state shall own the correctional facility"                                                          
                                                                                                    
Senator Wagoner moved for the adoption of Amendment No. 3.                                          
Senator French objected, then withdrew his objection. There being no                                
further objection, Amendment No. 3 was adopted.                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that CS                                       
FOR SENATE BILL NO. 65(FIN) am be held in second reading to the                                     
bottom of today's calendar. Without objection, it was so ordered.                                   
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 368                                                                                            
Senator Bunde requested that the reconsideration on CS FOR                                          
SENATE BILL NO. 368(FIN) am be taken up. The bill was before the                                    
Senate on reconsideration.                                                                          
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
368(FIN) am "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" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3212
                                                                                                    
CSSB 368(FIN) am                                                                                    
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G, Wilken                                      
                                                                                                    
Nays:  Green, Hoffman, Ogan, Therriault, Wagoner                                                    
                                                                                                    
and so, CS FOR SENATE BILL NO. 368(FIN) am passed the Senate                                        
on reconsideration.                                                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
                  Second Reading of Senate Bills (continued)                                     
                                                                                                    
SB 132                                                                                            
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" was read the second                                    
time.                                                                                               
                                                                                                    
Senator Ogan, Chair, moved and asked unanimous consent for the                                      
adoption of the Resources Committee Substitute offered on page 3118.                                
Without objection, CS FOR SENATE BILL NO. 132(RES) "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 Native Village                            
of Minto" 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. 132(RES) was read the third time.                                            

2004-05-01                     Senate Journal                      Page 3213
The question being: "Shall CS FOR SENATE BILL NO. 132(RES)                                          
"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 Native                                 
Village of Minto" pass the Senate?" The roll was taken with the                                     
following result:                                                                                   
                                                                                                    
CSSB 132(RES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR SENATE BILL NO. 132(RES) passed the Senate.                                          
                                                                                                    
Senator Cowdery gave notice of reconsideration.                                                     
                                                                                                    
SB 272                                                                                            
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" was read the second time.                                          
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 3119.                                  
Without objection, CS FOR SENATE BILL NO. 272(FIN) "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" 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. 272(FIN)                                         
will be on the May 2 calendar.                                                                      
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3214
                        Second Reading of House Bills                                            
                                                                                                    
HB 213                                                                                            
CS FOR HOUSE BILL NO. 213(FIN) "An Act relating to a                                                
provisional driver's license and to issuance of a driver's license; and                             
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Senate Committee Substitute offered on page                                 
3010. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 213(FIN) was adopted.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 213(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 213(FIN) "An Act relating to a provisional driver's license and to                              
issuance of a driver's license; and providing for an effective date" pass                           
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
SCS CSHB 213(FIN)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Stedman, Stevens B, Stevens G,                                         
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Seekins, Therriault                                                                          
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 213(FIN)                                                
passed the Senate.                                                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3215
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.                                                          
                                                                                                    
HB 524                                                                                            
HOUSE BILL NO. 524 am "An Act relating to the protection of land                                    
and water from waste disposal; providing for the regulation of waste                                
management; making conforming amendments; and providing for an                                      
effective date" was read the second time.                                                           
                                                                                                    
Senator Ogan, Chair, moved and asked unanimous consent for the                                      
adoption of the Resources Senate Committee Substitute offered on                                    
page 2774. Without objection, SENATE CS FOR HOUSE BILL NO.                                          
524(RES) was adopted.                                                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated SENATE CS FOR HOUSE BILL NO.                                            
524(RES) will be on the May 2 calendar.                                                             
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 136                                                                                            
CS FOR SENATE BILL NO. 136(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 136(FIN)                                          
"An Act relating to an optional exclusion or exemption from municipal                               
taxation for residential property; and relating to an exemption from                                
and deferral of municipal property taxes on certain types of                                        
deteriorated property" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3216
                                                                                                    
CSSB 136(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G,                                      
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Absent:  Hoffman, Ogan                                                                              
                                                                                                    
and so, CS FOR SENATE BILL NO. 136(FIN) passed the Senate.                                          
                                                                                                    
Senator Guess gave notice of reconsideration.                                                       
                                                                                                    
SB 354                                                                                            
CS FOR SENATE BILL NO. 354(STA) "An Act relating to                                                 
complaints filed with, and investigations, hearings, and orders of, the                             
State Commission for Human Rights; making conforming                                                
amendments; and providing for an effective date" was read the third                                 
time.                                                                                               
                                                                                                    
Senator Guess 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 Guess offered Amendment No. 1:                                                              
                                                                                                    
Page 2, line 24:                                                                                    
 Delete "for administrative convenience"                                                          
 Insert "of complaints"                                                                           
                                                                                                    
Page 2, line 26:                                                                                    
 Delete "for administrative convenience"                                                            
                                                                                                    
Page 2, line 27:                                                                                    
 Delete "in the executive director's discretion"                                                    
 Insert "with the concurrence of the commission"                                                    
                                                                                                    
Page 3, line 3:                                                                                     
 Delete all material.                                                                               

2004-05-01                     Senate Journal                      Page 3217
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Page 3, line 5, following "facts;":                                                                 
 Insert "or"                                                                                        
                                                                                                    
Page 3, line 6:                                                                                     
 Delete all material.                                                                               
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Page 3, line 7:                                                                                     
 Delete ";"                                                                                         
 Insert "."                                                                                         
                                                                                                    
Page 3, lines 8 - 9:                                                                                
 Delete all material.                                                                               
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 1. Senator                                    
Ben Stevens objected.                                                                               
                                                                                                    
Senator Green called the Senate. The call was satisfied.                                            
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 354(STA)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Bunde changed from "Yea" to "Nay".                                                                  
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 354(STA) was automatically in third                                          
reading.                                                                                            

2004-05-01                     Senate Journal                      Page 3218
Senator Guess moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 2.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Guess offered Amendment No. 2:                                                              
                                                                                                    
Page 4, lines 18 - 19:                                                                              
     Delete ". The commission may not order an award of                                         
noneconomic or punitive damages in any case"                                                    
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 2. Senator                                    
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 354(STA)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Ogan,                                  
Olson                                                                                               
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Seekins, Stedman, Stevens B,                                   
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 354(STA) was automatically in third                                          
reading.                                                                                            
                                                                                                    
Senator Guess moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 3.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Guess offered Amendment No. 3:                                                              
                                                                                                    
Page 4, line 21, following "order":                                                                 
     Insert "appropriate relief, including but not limited to"                                  
                                                                                                    

2004-05-01                     Senate Journal                      Page 3219
Page 5, line 12:                                                                                    
     Delete "[, BUT NOT BE LIMITED TO,]"                                                            
     Insert ", but not be limited to,"                                                              
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 3. Senator                                    
Ben Stevens objected.                                                                               
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 354(STA)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, Amendment No. 3 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 354(STA) was automatically in third                                          
reading.                                                                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 354(STA)                                          
"An Act relating to complaints filed with, and investigations, hearings,                            
and orders of, the State Commission for Human Rights; making                                        
conforming amendments; and providing for an effective date" pass the                                
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 354(STA)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Seekins,                                        
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Lincoln, Olson                                           
                                                                                                    
and so, CS FOR SENATE BILL NO. 354(STA) passed the Senate.                                          
                                                                                                    

2004-05-01                     Senate Journal                      Page 3220
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 354(STA)                                                                                       
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Seekins,                                        
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Lincoln, Olson                                           
                                                                                                    
and so, the effective date clauses failed to be adopted.                                            
                                                                                                    
Senator Seekins gave notice of reconsideration on CS FOR SENATE                                     
BILL NO. 354(STA)(efd fld) "An Act relating to complaints filed                                     
with, and investigations, hearings, and orders of, the State                                        
Commission for Human Rights; and making conforming                                                  
amendments."                                                                                        
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 347                                                                                            
HOUSE BILL NO. 347 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 347 "An Act exempting                                     
taxicabs from the passenger vehicle rental tax; and providing for an                                
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
HB 347                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    

2004-05-01                     Senate Journal                      Page 3221
and so, HOUSE BILL NO. 347 passed the Senate.                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
Senators Wilken, Dyson, Ellis, Elton, Guess moved and asked                                         
unanimous consent to be shown as cross sponsors on the bill. Without                                
objection, it was so ordered.                                                                       
                                                                                                    
                        Senate Bills in Second Reading                                           
                                                                                                    
SB 65                                                                                             
CS FOR SENATE BILL NO. 65(FIN) am "An Act relating to the                                           
qualifications of correctional officers, parole officers, and probation                             
officers; authorizing the Department of Corrections to enter into                                   
agreements with municipalities for new or expanded public                                           
correctional facilities in the Fairbanks North Star Borough, the                                    
Matanuska-Susitna Borough, Bethel, the Municipality of Anchorage,                                   
and the City of Seward; relating to the development and financing of                                
privately operated correctional facility space and services; authorizing                            
the Department of Corrections to enter into an agreement with the City                              
of Whittier for the confinement and care of prisoners in privately                                  
operated correctional facility space if the state cannot provide those                              
services for the same or less cost; giving notice of and approving, and                             
authorizing the entry into and issuance of certificates of participation                            
for, the upgrade, expansion, and replacement of certain jails in                                    
Dillingham and Kodiak; and providing for an effective date," which                                  
had been held to the bottom of today's calendar (page 3211), was                                    
before the Senate in second reading.                                                                
                                                                                                    
Senator Wagoner moved that the Senate rescind its previous action in                                
adopting Amendment No. 3. Without objection, it was so ordered.                                     
                                                                                                    
Amendment No. 3 was before the Senate.                                                              
                                                                                                    
Senator Wagoner moved and asked unanimous consent to withdraw                                       
Amendment No. 3. Without objection, Amendment No. 3 was                                             
withdrawn.                                                                                          

2004-05-01                     Senate Journal                      Page 3222
Senator Wagoner offered Amendment No. 4:                                                            
                                                                                                    
Page 1, line 2, following "into":                                                                 
 Insert "lease-purchase"                                                                          
                                                                                                    
Page 1, line 6:                                                                                     
 Delete "an"                                                                                      
 Insert "a lease-purchase"                                                                        
                                                                                                    
Page 2, line 24, following "into":                                                                  
 Insert "lease-purchase"                                                                            
                                                                                                    
Page 3, line 12, following "shall":                                                                 
 Insert "initially"                                                                                 
                                                                                                    
Page 3, line 13:                                                                                    
 Delete "lease"                                                                                     
 Insert "lease-purchase agreement"                                                                  
                                                                                                    
Page 3, line 14, following "the facility":                                                          
 Insert "and the state to own the facility at the end of the lease                                  
term"                                                                                               
                                                                                                    
Page 3, line 18:                                                                                    
 Delete "lease"                                                                                     
 Insert "lease-purchase agreement"                                                                  
                                                                                                    
Page 3, line 19, following the first occurrence of "facility":                                      
 Insert "and own the facility at the end of the term of the                                         
agreement"                                                                                          
                                                                                                    
Page 3, line 19:                                                                                    
 Delete "lease"                                                                                     
 Insert "lease-purchase agreement"                                                                  
                                                                                                    
Page 3, line 21                                                                                     
 Delete "lease"                                                                                     
 Insert "lease-purchase"                                                                            
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3223
Page 4, line 1:                                                                                     
 Delete "an"                                                                                        
 Insert "a lease-purchase"                                                                          
                                                                                                    
Page 4, line 11, following "The":                                                                   
 Insert "lease-purchase"                                                                            
                                                                                                    
Page 4, line 15, following "law.":                                                                  
 Insert "The state shall own the facility at the end of the term of the                             
lease-purchase agreement."                                                                          
                                                                                                    
Page 5, line 23, following "Act":                                                                   
 Insert ", provided the state acquires ownership of the facilities as a                             
condition of the certificates and agreements"                                                       
                                                                                                    
Page 5, line 26:                                                                                    
 Delete "lease-financing"                                                                           
 Insert "lease-purchase financing"                                                                  
                                                                                                    
Page 6, line 28:                                                                                    
 Delete "sec. 6"                                                                                    
 Insert "secs. 1 - 7"                                                                               
                                                                                                    
Senator Wagoner moved for the adoption of Amendment No. 4.                                          
Senator Ogan objected, then withdrew his objection.                                                 
                                                                                                    
Senator Wagoner moved and asked unanimous consent for the                                           
adoption of the following amendment to Amendment No. 4:                                             
                                                                                                    
In Amendment No. 4 , delete the following:                                                          
                                                                                                    
     "Page 5, line 23, following "Act":                                                             
              Insert ", provided the state acquires ownership of the                                
     facilities as a condition of the certificates and agreements"                                  
                                                                                                    
     Page 5, line 26:                                                                               
              Delete "lease-financing"                                                              
              Insert "lease-purchase financing""                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3224
     Under Page 6, line 28:                                                                         
              Delete "secs. 1 - 7"                                                                  
   Insert  "secs. 1 - 5"                                                                            
                                                                                                    
Without objection, Amendment No. 4 was amended.                                                     
                                                                                                    
Senator Green moved and asked unanimous consent to be shown as a                                    
cosponsor on Amendment No. 4 as amended. Without objection, it                                      
was so ordered.                                                                                     
                                                                                                    
There being no further objection to the adoption of Amendment no. 4                                 
as amended, Amendment No. 4 as amended was adopted.                                                 
                                                                                                    
Senator Guess offered Title Amendment No. 5:                                                        
                                                                                                    
Page 1, line 8:                                                                                     
     Delete "those services"                                                                      
     Insert "the same level of services required in state law or                                  
regulation"                                                                                       
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 5. Without                                    
objection, Amendment No. 5 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. 65(FIN) am was read the third time.                                          
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 65(FIN) am                                        
"An Act relating to the qualifications of correctional officers, parole                             
officers, and probation officers; authorizing the Department of                                     
Corrections to enter into lease-purchase agreements with                                            
municipalities for new or expanded public correctional facilities in the                            
Fairbanks North Star Borough, the Matanuska-Susitna Borough,                                        
Bethel, the Municipality of Anchorage, and the City of Seward;                                      
relating to the development and financing of privately operated                                     
correctional facility space and services; authorizing the Department of                             
Corrections to enter into a lease-purchase agreement with the City of                               
Whittier for the confinement and care of prisoners in privately                                     

2004-05-01                     Senate Journal                      Page 3225
operated correctional facility space if the state cannot provide the same                           
level of services required in state law or regulation for the same or less                          
cost; giving notice of and approving, and authorizing the entry into                                
and issuance of certificates of participation for, the upgrade,                                     
expansion, and replacement of certain jails in Dillingham and Kodiak;                               
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
CSSB 65(FIN) am                                                                                     
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR SENATE BILL NO. 65(FIN) am passed the Senate.                                        
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
SB 97                                                                                             
President Therriault added a Judiciary Committee referral to SENATE                                 
BILL NO. 97 "An Act relating to public interest litigants and to                                    
attorney fees; and amending Rule 82, Alaska Rules of Civil                                          
Procedure."                                                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SJR 33                                                                                            
Senator Seekins, Chair, moved and asked unanimous consent that the                                  
Judiciary Committee referral be waived on SENATE JOINT                                              
RESOLUTION NO. 33 Urging our United States Senators to work to                                      
allow a timely vote on the floor on all judicial nominations. Senator                               
Ellis objected.                                                                                     

2004-05-01                     Senate Journal                      Page 3226
The question being: "Shall the Judiciary Committee referral be                                      
waived?" The roll was taken with the following result:                                              
                                                                                                    
SJR 33                                                                                              
Waive resolution from committee?                                                                    
                                                                                                    
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, the Judiciary Committee referral was waived.                                                
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 311                                                                                            
Senator French requested that the reconsideration on CS FOR                                         
SENATE BILL NO. 311(JUD) (efd fld) be taken up. The bill was                                        
before the Senate on reconsideration.                                                               
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
311(JUD) "An Act providing for a special deposit for workers'                                       
compensation insurers; relating to the board of governors of the                                    
Alaska Insurance Guaranty Association; stating the intent of the                                    
legislature, and setting out limitations, concerning the interpretation,                            
construction, and implementation of workers' compensation laws;                                     
relating to restructuring the Alaska workers' compensation system;                                  
eliminating the Alaska Workers' Compensation Board; establishing a                                  
division of workers' compensation within the Department of Labor and                                
Workforce Development and assigning certain Alaska Workers'                                         
Compensation Board functions to the division and the Department of                                  
Labor and Workforce Development; establishing a Workers'                                            
Compensation Appeals Commission; assigning certain functions of the                                 
Alaska Workers' Compensation Board to the Workers' Compensation                                     
Appeals Commission and the Workers' Compensation Hearings                                           
Board; relating to agreements that discharge workers' compensation                                  
liability; providing for hearing examiners and hearing panels in                                    
workers' compensation proceedings; relating to workers' compensation                                

2004-05-01                     Senate Journal                      Page 3227
awards; relating to an employer's failure to insure and keep insured or                             
provide security; providing for appeals from compensation orders;                                   
relating to workers' compensation proceedings; providing for supreme                                
court jurisdiction of appeals from the Workers' Compensation Appeals                                
Commission; providing for a maximum amount for the cost-of-living                                   
adjustment for workers' compensation benefits; providing for                                        
administrative penalties for employers uninsured or without adequate                                
security for workers' compensation; relating to assigned risk pools and                             
insurers; and providing for an effective date" pass the Senate?" The                                
roll was taken with the following result:                                                           
                                                                                                    
CSSB 311(JUD)                                                                                       
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wilken                                                            
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Wagoner                                                                                             
                                                                                                    
and so, CS FOR SENATE BILL NO. 311(JUD) passed the Senate on                                        
reconsideration.                                                                                    
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
Senator Ben Stevens called the Senate. Senator Ben Stevens lifted the                               
call.                                                                                               
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 311(JUD)                                                                                       
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  11   NAYS:  8   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Seekins, Stedman, Stevens B,                                   
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Absent:  Ogan                                                                                       
                                                                                                    

2004-05-01                     Senate Journal                      Page 3228
and so, the effective date clause failed to be adopted and CS FOR                                   
SENATE BILL NO. 311(JUD)(efd fld) was referred to the Secretary                                     
for engrossment.                                                                                    
                                                                                                    
HB 443                                                                                            
Senators Elton, Dyson, Gary Stevens, Lincoln, French, Ellis,                                        
Wagoner, Olson moved and asked unanimous consent to be shown as                                     
cross sponsors on HOUSE BILL NO. 443 "An Act relating to                                            
eligibility of nurses for the teachers' and nurses' housing loan program                            
of the Alaska Housing Finance Corporation." Without objection, it                                   
was so ordered.                                                                                     
                                                                                                    
SB 65                                                                                             
Senators Gary Stevens, Dyson, Cowdery, Bunde, Stedman, Davis,                                       
Lincoln moved and asked unanimous consent to be shown as                                            
cosponsors on CS FOR SENATE BILL NO. 65(FIN) am "An Act                                             
relating to the qualifications of correctional officers, parole officers,                           
and probation officers; authorizing the Department of Corrections to                                
enter into lease-purchase agreements with municipalities for new or                                 
expanded public correctional facilities in the Fairbanks North Star                                 
Borough, the Matanuska-Susitna Borough, Bethel, the Municipality of                                 
Anchorage, and the City of Seward; relating to the development and                                  
financing of privately operated correctional facility space and services;                           
authorizing the Department of Corrections to enter into a lease-                                    
purchase agreement with the City of Whittier for the confinement and                                
care of prisoners in privately operated correctional facility space if the                          
state cannot provide the same level of services required in state law or                            
regulation for the same or less cost; giving notice of and approving,                               
and authorizing the entry into and issuance of certificates of                                      
participation for, the upgrade, expansion, and replacement of certain                               
jails in Dillingham and Kodiak; and providing for an effective date."                               
Without objection, it was so ordered.                                                               
                                                                                                    
SB 377                                                                                            
Senator Wilken, Cochair, moved and asked unanimous consent that                                     
the Finance Committee referral be waived on SENATE BILL NO. 377                                     
"An Act relating to the state's mechanical code, to mechanical                                      
contractors and mechanical administrators, to mechanical standards                                  
and inspections involved in certain housing loans, and to the adoption                              
of the state's mechanical code; and providing for an effective date."                               

2004-05-01                     Senate Journal                      Page 3229
Without objection, the bill was referred to the Rules Committee.                                    
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 65                                                                                             
CS FOR SENATE BILL NO. 65(FIN) am "An Act relating to the                                           
qualifications of correctional officers, parole officers, and probation                             
officers; authorizing the Department of Corrections to enter into lease-                            
purchase agreements with municipalities for new or expanded public                                  
correctional facilities in the Fairbanks North Star Borough, the                                    
Matanuska-Susitna Borough, Bethel, the Municipality of Anchorage,                                   
and the City of Seward; relating to the development and financing of                                
privately operated correctional facility space and services; authorizing                            
the Department of Corrections to enter into a lease-purchase                                        
agreement with the City of Whittier for the confinement and care of                                 
prisoners in privately operated correctional facility space if the state                            
cannot provide the same level of services required in state law or                                  
regulation for the same or less cost; giving notice of and approving,                               
and authorizing the entry into and issuance of certificates of                                      
participation for, the upgrade, expansion, and replacement of certain                               
jails in Dillingham and Kodiak; and providing for an effective date."                               
was engrossed, signed by the President and Secretary and transmitted                                
to the House for consideration.                                                                     
                                                                                                    
SB 311                                                                                            
CS FOR SENATE BILL NO. 311(JUD)(efd fld) "An Act providing                                          
for a special deposit for workers' compensation insurers; relating to the                           
board of governors of the Alaska Insurance Guaranty Association;                                    
stating the intent of the legislature, and setting out limitations,                                 
concerning the interpretation, construction, and implementation of                                  
workers' compensation laws; relating to restructuring the Alaska                                    
workers' compensation system; eliminating the Alaska Workers'                                       
Compensation Board; establishing a division of workers'                                             
compensation within the Department of Labor and Workforce                                           

2004-05-01                     Senate Journal                      Page 3230
Development and assigning certain Alaska Workers' Compensation                                      
Board functions to the division and the Department of Labor and                                     
Workforce Development; establishing a Workers' Compensation                                         
Appeals Commission; assigning certain functions of the Alaska                                       
Workers' Compensation Board to the Workers' Compensation Appeals                                    
Commission and the Workers' Compensation Hearings Board; relating                                   
to agreements that discharge workers' compensation liability;                                       
providing for hearing examiners and hearing panels in workers'                                      
compensation proceedings; relating to workers' compensation awards;                                 
relating to an employer's failure to insure and keep insured or provide                             
security; providing for appeals from compensation orders; relating to                               
workers' compensation proceedings; providing for supreme court                                      
jurisdiction of appeals from the Workers' Compensation Appeals                                      
Commission; providing for a maximum amount for the cost-of-living                                   
adjustment for workers' compensation benefits; providing for                                        
administrative penalties for employers uninsured or without adequate                                
security for workers' compensation; and relating to assigned risk pools                             
and insurers" was engrossed, signed by the President and Secretary                                  
and transmitted to the House for consideration.                                                     
                                                                                                    
SB 368                                                                                            
CS FOR SENATE BILL NO. 368(FIN) am "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" was engrossed, signed by the President and Secretary and                                      
transmitted to the House for consideration.                                                         
                                                                                                    
HB 213                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 213(FIN) "An Act                                                
relating to a provisional driver's license and to issuance of a driver's                            
license; and providing for an effective date" was engrossed, signed by                              
the President and Secretary and returned to the House for                                           
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3231
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 1:00 p.m., May 2, 2004. Without                                   
objection, the Senate adjourned at 4:00 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 August 2004                        

2004-05-01                     Senate Journal                      Page 3232
                                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                                                         
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 01        Saturday                  Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
May 02        Sunday                    Senate Finance 532           12:00 PM                     
              -- Teleconference <Listen Only> --                                                    
              -- Time Change --                                                                     
+= SB 284 PF DIVIDEND APPLICATION RECORDS PRIVATE                                                   
+ HB 298 DISTRIBUTIONS OF APPROPS FROM PERM FUND                                                    
+ HJR  9 CONST AM: APPROPRIATION/SPENDING LIMIT                                                     
+ HJR 26 CONST. AM: PF APPROPS/INFLATION-PROOFING                                                   
+             Bills Previously Heard/Scheduled                                                      
              Invited Testimony Only                                                                
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 03        Monday                          Butrovich 205           1:30 PM                     
+= HB 511 CERTIFICATE OF NEED PROGRAM                                                               
              Bills Previously Heard/Scheduled                                                      
              If Necessary                                                                          
                                                                                                    
May 05        Wednesday                       Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
              If Necessary                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3233
               HEALTH, EDUCATION & SOCIAL SERVICES (continued)                                   
                                                                                                    
May 07        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
              If Necessary                                                                          
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 01        Saturday                        Butrovich 205           5:00 PM                     
+= SJR 33 CONGRESSIONAL VOTE ON JUDICIAL NOMINATION                                                 
              <JUD Referral Waived>                                                                 
+= HB  29 REAL PROPERTY TRANSACTIONS/LICENSEES                                                      
+= HB  15 SOLICITATIONS/CONSUMER PROTECTION                                                         
+= HB 514 CHILD SUPPORT ENFORCEMENT/ CRIMES                                                         
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 02        Sunday                          Butrovich 205           3:00 PM                     
+ HB 539 UNIV. STUDENT PRACTICUM LIABILITY/WAGES                                                    
+ HB 339 TRADE PRACTICES: FREE TRIAL/OPT-OUT PLANS                                                  
+ HB 336 MOTOR VEHICLE INS./ UNINSURED DRIVERS                                                      
+ HB 438 MOVE OVER LAW FOR DRIVERS                                                                  
+ HB 423 TAXICAB DRIVER LIABILITY                                                                   
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
May 04        Tuesday                               Beltz 211         1:30 PM                     
+ HCR 32 AK INFO INFRASTRUCTURE POLICY TASK FORCE                                                   
+ HB 490 EMPLOYMENT SECURITY ACT AMENDMENTS                                                         
              <Pending Referral>                                                                    
              Bills Previously Heard/Scheduled                                                      
              Including, but Not Limited to:                                                        
+= HB 540 WORKERS' COMPENSATION INSURANCE RATES                                                     
+= HB 418 REAL ESTATE COM'N/LICENSEE/HOME INSPECT                                                   
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-01                     Senate Journal                      Page 3234
                                STATE AFFAIRS                                                    
                                                                                                    
May 01        Saturday                              Beltz 211                                     
              *** Immediately Following Session ***                                                 
+ SJR 34 TAIWAN STATUS AND PRESIDENT                                                                
+ SCR 25 STATE CONSTRUCTION/MAINTENANCE CONTRACTS                                                   
              <Above Item Removed from Agenda>                                                      
+ HB 379 OFFICE OF CITIZENSHIP ASSISTANCE                                                           
+ HB 366 ANIMAL CLASSICS CHARITABLE GAMING                                                          
+ HB 490 EMPLOYMENT SECURITY ACT AMENDMENTS                                                         
+ HB 309 PROHIBIT RELEASE OF PREDATORY FISH                                                         
+ HB 351 CARBON MONOXIDE DETECTION DEVICES                                                          
              Bills Previously Heard/Scheduled                                                      
+= HB 405 SCHOOL PERFORMANCE DESIGNATION/REPORT                                                     
+= HB 373 STATE TREASURY WARRANTS                                                                   
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 283                                           
                                                                                                    
May 01        Saturday                  Senate Finance 532            4:30 PM                     
= SB 283 APPROP:  EDUC/CBR/COURTS/GRANTS/PCE                                                        
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
May 05        Wednesday               House Finance Room              5:00 PM                     
              Agenda To Be Announced                                                                
                   ----------------------------------------                                        
                                                                                                    
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                       
                                                                                                    
May 07        Friday                             Capitol 120          8:00 AM                     
+             Full Committee Meeting:  Open Session                                                 
              Advisory Opinion 04-03                                                                
              <Public Comment by Invitation Only>                                                   
              Open Meetings