Legislature(2003 - 2004)

2004-05-05 Senate Journal

Full Journal pdf

2004-05-05                     Senate Journal                      Page 3315
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                       May 5, 2004                      
                                                                                                    
                          One Hundred Fifteenth Day                                              
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:43 a.m.                                                                            
                                                                                                    
The roll showed eighteen members present. Senators Ogan, Olson                                      
were absent.                                                                                        
                                                                                                    
The prayer was offered by the Chaplain, Reverend Dr. Paula Sampson                                  
of the Holy Trinity Episcopal Church. Senator Hoffman moved and                                     
asked unanimous consent that the prayer be spread. Without objection,                               
it was so ordered.                                                                                  
                                                                                                    
       Most Gracious God, so many voices need hearing, so                                           
       many interests need speaking. The session's end draws                                        
       near, the volume increases, and the balance is harder to                                     
       find.                                                                                        
                                                                                                    
       Help these legislators discover the quiet place where the                                    
       only voice is Your guidance, where the only interest is                                      
       Your love.                                                                                   
                                                                                                    
       Today and in days to come, may the laws passed                                               
       proclaim the common good, may the policies made                                              
       declare improvement for all, may the decisions reached                                       
       pronounce fairness.                                                                          
                                                                                                    
       May the final days of this legislature speak to Alaskans                                     
       of lawmakers who are reverent toward one another and                                         
       respectful of each other's ideas and positions.                                              
                                                                                                    
       So that, when adjournment is achieved, those who serve                                       
       in this body will hear Your voice speaking to say, "Well                                     
       done, you good and faithful servants."                    Amen.                             

2004-05-05                     Senate Journal                      Page 3316
Senator Guess led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred fourteenth legislative day be approved as                               
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
The presence of Senator Olson was noted.                                                            
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
Letter dated and received May 4 was read, stating 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 Game                                                                                     
 Ben Grussendorf - Sitka                                                                            
  Appointed: 1/31/2001 Reappointed: 5/4/2004                                                        
          Term Expires: 3/1/2007                                                                    
                                                                                                    
The appointment was referred to the Resources Committee.                                            
                                                                                                    
The resume for this appointment has been submitted to the Offices of                                
the Senate Secretary and the Chief Clerk.                                                           
                                                                                                    
HB 344                                                                                            
Message dated and received May 4 was read, stating the Governor                                     
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          344(RES) "An Act relating to annual rental fees,                                          
          statements of annual labor, and production royalty for                                    
          mining claims; and providing a cure for                                                   
          abandonment."                                                                             
                                                                                                    
                             Chapter 26, SLA 2004                                                  
                           Effective Date: 8/2/2004                                                

2004-05-05                     Senate Journal                      Page 3317
SB 289                                                                                            
Message dated and received May 4 was read, stating the Governor                                     
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
          SENATE BILL NO. 289 "An Act extending the                                                 
          termination date of the special education service                                         
          agency; and providing for an effective date."                                             
                                                                                                    
                             Chapter 27, SLA 2004                                                  
                           Effective Date: 5/5/2004                                                
                                                                                                    
HB 356                                                                                            
Message dated and received May 4 was read, stating the Governor                                     
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
          HOUSE BILL NO. 356 "An Act relating to operation                                          
          of alcoholic beverage delivery sites; and providing                                       
          for an effective date."                                                                   
                                                                                                    
                             Chapter 28, SLA 2004                                                  
                          Effective Date: 6/30/2004                                                
                                                                                                    
HJR 30                                                                                            
Message dated and received May 4 was read, stating the Governor                                     
transmitted the engrossed and enrolled copies of the following                                      
resolution to the Lieutenant Governor's Office for permanent filing:                                
                                                                                                    
          CS FOR HOUSE JOINT RESOLUTION NO.                                                         
          30(STA) am Relating to supporting the repeal of the                                       
          Government Pension Offset and the Windfall                                                
             Elimination Provisions from the Social Security Act.                                  
                                                                                                    
                          Legislative Resolve No. 42                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3318
                           Messages from the House                                               
                                                                                                    
SJR 14                                                                                            
Message dated May 4 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE JOINT RESOLUTION NO. 14 Requesting                                                 
          the Federal Aviation Administration to fully staff and                                    
          maintain flight service stations in Alaska.                                               
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
Message dated May 4 was read, stating the House passed and                                          
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 404                                                                                            
CS FOR HOUSE BILL NO. 404(RLS) BY THE HOUSE RULES                                                   
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to the Alaska Commission on                                              
          Postsecondary Education; relating to the Alaska                                           
          Student Loan Corporation; relating to bonds of the                                        
          corporation; relating to loan and grant programs of                                       
          the commission; relating to an exemption from the                                         
          State Procurement Code regarding certain contracts                                        
          of the commission or corporation; making                                                  
          conforming changes; and providing for an effective                                        
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
HB 561                                                                                            
CS FOR HOUSE BILL NO. 561(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3319
          "An Act providing for and relating to the issuance of                                     
          general obligation bonds in a principal amount of not                                     
          more than $93,280,000 for the purpose of paying the                                       
          cost of state transportation projects; and providing for                                  
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Finance Committees.                                                                     
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 299                                                                                            
Message dated May 4 was read, stating the House passed and returned                                 
for consideration SENATE BILL NO. 299 "An Act relating to a                                         
charge for a bad check" with the following amendments:                                              
                                                                                                    
                  HOUSE CS FOR SENATE BILL NO. 299(JUD) am H                                       
                                                                                                    
President Therriault stated the message will be held on the Secretary's                             
desk.                                                                                               
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
Report from the Acting Commissioner of the Department of                                            
Administration dated April 28 was received, stating the monetary                                    
terms for the collective bargaining agreement reached with the Alaska                               
Public Employees Association, Inc. representing the Confidential                                    
Employees bargaining unit in accordance with AS 23.40.215.                                          
                                                                                                    
President Therriault referred the report to the Finance Committee.                                  
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated May 4 was read stating:                                                                
                                                                                                    
In accordance with AS 39.05.080, the Senate Labor and Commerce                                      
Committee reviewed the following and recommends this appointment                                    
be forwarded to a joint session for consideration:                                                  

2004-05-05                     Senate Journal                      Page 3320
Board of Marine Pilots                                                                            
     Jack G. Poulson, Esq. - Juneau                                                                 
                                                                                                    
This does not reflect intent by any of the members to vote for or                                   
against the individual during any future sessions.                                                  
                                                                                                    
Signing the report: Senator Bunde, Chair; Senator Seekins, Vice                                     
Chair; Senators Gary Stevens, Davis.                                                                
                                                                                                    
SB 97                                                                                             
The Judiciary Committee considered SENATE BILL NO. 97 "An Act                                       
relating to public interest litigants and to attorney fees; and amending                            
Rule 82, Alaska Rules of Civil Procedure" and recommended it be                                     
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 97(JUD) "An Act                                                    
          relating to public interest litigants and to attorney                                     
          fees and costs and the posting of bonds or other                                          
          security; amending Rules 65, 79, 80, and 82, Alaska                                       
          Rules of Civil Procedure, and Rules 205, 508, and                                         
          602, Alaska Rules of Appellate Procedure; and                                             
          providing for an effective date."                                                         
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators Ogan, Therriault.                                 
Signing do not pass: Senator French.                                                                
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, zero, Department of Law                                                         
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 335                                                                                            
The Community and Regional Affairs Committee considered                                             
SENATE BILL NO. 335 "An Act relating to enhanced 911 surcharges                                     
and to emergency services dispatch systems of municipalities, certain                               
villages, and public corporations established by municipalities" and                                
recommended it be replaced with                                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3321
                   CS FOR SENATE BILL NO. 335(CRA) "An Act                                         
              relating to enhanced 911 surcharges and to 911 and                                   
          emergency services dispatch systems."                                                     
                                                                                                    
and further recommended the adoption of the following Community                                     
and Regional Affairs Committee Letter of Intent:                                                    
                                                                                                    
      Letter of Intent                                                                            
                                                                                                    
                                                                                                    
     The Senate Community and Regional Affairs Committee                                            
     finds that recent improvements in the software, hardware,                                      
     equipment and other technology employed in the operation of                                    
     enhanced 911 and other emergency dispatch services has                                         
     changed the economics of providing these important public                                      
     services. The committee also finds that advances in                                            
     telecommunications continue to place new requirements and                                      
     demands on these services and the local governments that                                       
     provide them. However, coordination and consolidation of                                       
     these services within and among communities throughout the                                     
     state, can significantly improve the quality and cost of                                       
     providing enhanced 911 and emergency dispatch services.                                        
     Therefore, it is the intent of this committee to encourage the                                 
     State of Alaska to do everything within its authority to                                       
     facilitate, endorse and promote the coordination of these                                      
     services statewide.                                                                            
                                                                                                    
Signing no recommendation: Senator Stedman, Chair; Senator                                          
Lincoln. Signing do pass: Senators Wagoner, Gary Stevens.                                           
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 395                                                                                            
The Finance 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                                                                     

2004-05-05                     Senate Journal                      Page 3322
          CS FOR SENATE BILL NO. 395(FIN)                                                           
          (forthcoming)                                                                             
                                                                                                    
Signing no recommendation: Senators Green, Wilken, Cochairs;                                        
Senators Dyson, Hoffman, Olson, Bunde. Signing do pass: Senator                                     
Ben Stevens.                                                                                        
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Community and Economic                                            
          Development                                                                               
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 10                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
10(HES) "An Act relating to pooling by employers and self-employed                                  
individuals for purposes of group health insurance; and providing for                               
an effective date" and recommended it be replaced with                                              
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          10(FIN)                                                                                   
                                                                                                    
Signing no recommendation: Senators Green, Wilken, Cochairs.                                        
Signing do pass: Senators Dyson, Olson, Bunde, Ben Stevens. Signing                                 
do not pass: Senator Hoffman.                                                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
The presence of Senator Ogan was noted.                                                             
                                                                                                    
HB 91                                                                                             
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 91(FIN) "An Act relating to medical benefits for retired                                   
peace officers after 20 years of credited service" and recommended the                              
adoption of the State Affairs Senate Committee Substitute offered on                                
page 2758. Signing do not pass: Senator Bunde, Chair. Signing no                                    
recommendation: Senators Davis, Seekins, Gary Stevens.                                              

2004-05-05                     Senate Journal                      Page 3323
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Administration                                                    
 Fiscal Note No. 3, Department of Administration                                                    
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 93                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
93(FIN) "An Act relating to boating safety, registration, and                                       
numbering; extending the sunset date of changes in ch. 28, SLA 2000;                                
and providing for an effective date" and recommended the adoption of                                
the Transportation Senate Committee Substitute offered on page 2758.                                
Signing no recommendation: Senator Wilken, Cochair; Senators                                        
Olson, Bunde. Signing amend: Senator Green, Cochair. Signing do                                     
pass: Senators Hoffman, Dyson.                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 3, zero, Department of Natural Resources                                           
 Fiscal Note No. 4, Department of Administration                                                    
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 227                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
227(JUD) "An Act increasing the jurisdictional limit for small claims                               
and for magistrates from $7,500 to $10,000; increasing the                                          
jurisdictional limit of district courts in certain civil cases from $50,000                         
to $100,000; expanding the jurisdiction of district courts; limiting                                
magistrates from hearing certain small claims cases; and amending                                   
Rule 11(a)(4), Alaska District Court Rules of Civil Procedure, relating                             
to service of process for small claims." Signing do pass: Senators                                  
Green, Wilken, Cochairs; Senators Hoffman, Bunde. Signing no                                        
recommendation: Senators Dyson, Olson.                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, indeterminate, Alaska Court System                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    

2004-05-05                     Senate Journal                      Page 3324
HB 272                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 272(STA) am "An Act relating to the advertising of motor                                   
vehicles, including trailers, for sale by motor vehicle dealers; relating                           
to the financing of motor vehicle purchases; relating to motor vehicle                              
sales contracts; relating to the disclosures required to be made by                                 
motor vehicle dealers when selling motor vehicles, including trailers,                              
or when their service employees work on commission; relating to a                                   
motor vehicle dealer's selling as a new or current model vehicle, a                                 
motor vehicle required to be registered under AS 28.10; relating to a                               
motor vehicle dealer's advertising an offer for the sale, lease, or                                 
purchase of a motor vehicle, including a trailer; relating  to a motor                              
vehicle dealer's conditioning the sale and delivery of a motor vehicle,                             
including a trailer, on the buyer's purchase of other items; and relating                           
to the return of a buyer's trade-in by a motor vehicle dealer" and                                  
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          272(L&C)                                                                                  
                                                                                                    
Signing no recommendation: Senator Bunde, Chair; Senators Davis,                                    
French, Gary Stevens. Signing do pass: Senator Seekins.                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 273                                                                                            
The Judiciary 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" and recommended it be replaced with                                                     
                                                                                                    
                         SENATE CS FOR CS FOR SPONSOR                                              
          SUBSTITUTE FOR HOUSE BILL NO. 273(JUD)                                                    
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators Ogan, Therriault.                                 
Signing no recommendation: Senator French.                                                          

2004-05-05                     Senate Journal                      Page 3325
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 334                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
334(RLS) "An Act relating to unlawful exploitation of a minor and to                                
distribution of child pornography." Signing do pass: Senator Seekins,                               
Chair; Senators Ogan, French, Therriault.                                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, zero, Department of Corrections                                                 
 Fiscal Note No. 3, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 336                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
336(JUD) am "An Act relating to motor vehicle insurance; limiting                                   
recovery of civil damages by an uninsured driver; and providing for an                              
effective date" and recommended the adoption of the Judiciary Senate                                
Committee Substitute offered on page 3265. Signing do pass: Senators                                
Green, Wilken, Cochairs; Senators Dyson, Olson, Bunde. Signing no                                   
recommendation: Senator Hoffman.                                                                    
                                                                                                    
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 Rules Committee.                                                       
                                                                                                    
HB 342                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
342(FIN) am "An Act relating to driving while under the influence, to                               
the definition of 'previously convicted,' to alcohol-related offenses, to                           
ignition interlock devices, and to the issuance of limited driver's                                 
licenses; and providing for an effective date." Signing do pass: Senator                            
Seekins, Chair. Signing no recommendation: Senator Therriault.                                      
Signing amend: Senators Ogan, French.                                                               

2004-05-05                     Senate Journal                      Page 3326
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 2, zero, Department of Law                                                         
 Fiscal Note No. 3, zero, Department of Public Safety                                               
 Fiscal Note No. 5, indeterminate, Department of Corrections                                        
 Fiscal Note No. 6, indeterminate, Department of Administration                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 364                                                                                            
The State Affairs Committee considered CS FOR SPONSOR                                               
SUBSTITUTE FOR HOUSE BILL NO. 364(O&G) "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." Signing do                            
pass: Senator Gary Stevens, Chair. Signing no recommendation:                                       
Senators Cowdery, Stedman.                                                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Natural                                            
          Resources                                                                                 
                                                                                                    
President Therriault added a Finance Committee referral to the bill.                                
                                                                                                    
The bill was referred to the Resources, then Finance Committees.                                    
                                                                                                    
HB 366                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
366(FIN) "An Act relating to animal classic charitable gaming; and                                  
providing for an effective date." Signing do pass: Senators Green,                                  
Wilken, Cochairs; Senators Bunde, Ben Stevens. Signing no                                           
recommendation: Senators Hoffman, Olson.                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       

2004-05-05                     Senate Journal                      Page 3327
HB 379                                                                                            
The Finance Committee considered HOUSE BILL NO. 379 "An Act                                         
establishing an office of citizenship assistance in the Department of                               
Labor and Workforce Development." Signing do pass: Senators Green,                                  
Wilken, Cochairs; Senators Olson, Ben Stevens. Signing no                                           
recommendation: Senators Dyson, Hoffman, Bunde.                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Labor and Workforce                                               
          Development                                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 418                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 418(FIN) "An Act extending the termination date of the                                     
Real Estate Commission; relating to real estate; relating to home                                   
inspectors; relating to real estate licensees; and providing for an                                 
effective date" and recommended it be replaced with                                                 
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          418(L&C)                                                                                  
                                                                                                    
Signing do pass: Senator Bunde, Chair; Senators Seekins, Davis.                                     
Signing no recommendation: Senator Gary Stevens.                                                    
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Community and Economic                                            
          Development                                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 419                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
419(RES) "An Act relating to regional seafood development                                           
associations and to regional seafood development taxes" and                                         
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          419(FIN)                                                                                  

2004-05-05                     Senate Journal                      Page 3328
Signing do pass: Senator Wilken, Cochair; Senators Dyson, Hoffman,                                  
Bunde. Signing no recommendation: Senator Green, Cochair.                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
 Fiscal Note No. 2, indeterminate, Department of Revenue                                            
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 421                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 421(JUD) "An Act relating to reconveyances of deeds of                                     
trust." Signing do pass: Senator Bunde, Chair; Senators Seekins,                                    
Davis, Gary Stevens. Signing no recommendation: Senator French.                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 424                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
424(JUD) "An Act relating to review by the Legislative Affairs                                      
Agency of certain state agency regulations proposed for adoption,                                   
amendment, or repeal under the Administrative Procedure Act;                                        
repealing provisions relating to annulment of regulations; and                                      
providing for an effective date." Signing do pass: Senators Green,                                  
Wilken, Cochairs; Senator Dyson. Signing no recommendation:                                         
Senators Hoffman, Olson, Bunde.                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 4, zero, Department of Health and Social Services                                  
 Fiscal Note No. 5, zero, House Finance Committee                                                   
 Fiscal Note No. 6, indeterminate, Department of Law                                                
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3329
HB 484                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
484(JUD) am "An Act imposing a correctional facility surcharge on                                   
persons convicted of a crime under state law and on persons whose                                   
probation is revoked; relating to fees and expenses for interstate                                  
transfer of probation or parole; and providing for an effective date."                              
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Bunde. Signing no recommendation: Senators Hoffman, Olson.                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Law                                                               
 Fiscal Note No. 2, zero, Alaska Court System                                                       
 Fiscal Note No. 3, Department of Corrections                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 490                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 490(JUD) am "An Act relating to the release of                                             
employment security records, to the binding effect of determinations                                
and decisions regarding unemployment compensation benefits, and to                                  
contributions, interest, penalties, and payments under the Alaska                                   
Employment Security Act; providing that property under the Alaska                                   
Employment Security Act is not subject to the Uniform Unclaimed                                     
Property Act; and providing for an effective date." Signing do pass:                                
Senator Bunde, Chair; Senators Seekins, Davis, French, Gary Stevens.                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                         
          Development                                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 512                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 512(FIN) "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;                              

2004-05-05                     Senate Journal                      Page 3330
and providing for an effective date." Signing no recommendation:                                    
Senator Bunde, Chair; Senator Gary Stevens. Signing do pass:                                        
Senators Davis, French. Signing do not pass: Senator Seekins.                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, University of Alaska                                                      
 Fiscal Note No. 3, Department of Community and Economic                                            
          Development                                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 531                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
531(FIN) am "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" and recommended it be replaced with                                          
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          531(RES)                                                                                  
                                                                                                    
Signing do pass: Senator Wagoner, Vice Chair; Senators Dyson,                                       
Seekins, Ben Stevens.                                                                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, Department of Administration                                                    
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Natural Resources                                                 
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 533                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
533(JUD) "An Act relating to the state's administrative procedures and                              
to judicial oversight of administrative matters" and recommended it be                              
replaced with                                                                                       
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          533(FIN)                                                                                  

2004-05-05                     Senate Journal                      Page 3331
Signing do pass: Senators Green, Wilken, Cochairs; Senator Bunde.                                   
Signing no recommendation: Senators Hoffman, Olson.                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Alaska Court System                                              
 Fiscal Note No. 2, indeterminate, Department of Fish and Game                                      
 Fiscal Note No. 3, indeterminate, Department of Health and Social                                  
          Services                                                                                  
     Fiscal Note No. 4, Department of Law                                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 540                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 540(L&C) "An Act relating to workers' compensation                                         
insurance rates; and providing for an effective date." Signing do pass:                             
Senator Bunde, Chair; Senator French. Signing no recommendation:                                    
Senators Seekins, Davis, Gary Stevens.                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House Labor and Commerce Committee                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 542                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 542(RLS) "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." Signing do pass: Senator Bunde, Chair;                                     
Senator Seekins. Signing no recommendation: Senators Davis, French,                                 
Gary Stevens.                                                                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    

2004-05-05                     Senate Journal                      Page 3332
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 556                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
556(FIN) "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." Signing do pass: Senators Green,                                  
Wilken, Cochairs. Signing no recommendation: Senators Hoffman,                                      
Olson.                                                                                              
                                                                                                    
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 559                                                                                            
The Labor and Commerce Committee considered HOUSE BILL NO.                                          
559 am "An Act extending the termination of the state training and                                  
employment program; and providing for an effective date." Signing do                                
pass: Senator Bunde, Chair; Senators Seekins, French. Signing no                                    
recommendation: Senators Davis, Gary Stevens.                                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                         
          Development                                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SR 3                                                                                              
Forthcoming Finance Committee Substitute (page 3301) for SENATE                                     
RESOLUTION NO. 3 Relating to commemoration of Senator Frank                                         
R. Ferguson and other distinguished Senators, was received today.                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3333
SR 4                                                                                              
The Resources Committee considered SENATE RESOLUTION NO.                                            
4 Requesting the United States Congress to amend the federal                                        
Wilderness Act to authorize fishery enhancement programs and                                        
similar activities in wilderness areas. Signing do pass: Senator Ogan,                              
Chair; Senators Seekins, Wagoner. Signing no recommendation:                                        
Senator Elton.                                                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Senate Resources Committee                                                
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
HJR 9                                                                                             
The Finance Committee considered CS FOR HOUSE JOINT                                                 
RESOLUTION NO. 9(FIN) am Proposing amendments to the                                                
Constitution of the State of Alaska relating to an appropriation limit,                             
and recommended it be replaced with                                                                 
                                                                                                    
                       SENATE CS FOR CS FOR HOUSE JOINT                                            
          RESOLUTION NO. 9(FIN)                                                                     
                                                                                                    
Signing do pass: Senator Wilken, Cochair; Senators Bunde, Ben                                       
Stevens. Signing amend: Senator Green, Cochair; Senators Dyson,                                     
Olson. Signing no recommendation: Senator Hoffman.                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Office of the Governor                                                          
 Fiscal Note No. 3, zero, Office of the Governor                                                    
                                                                                                    
The resolution is on today's calendar.                                                              
                                                                                                    
HJR 44                                                                                            
The Finance Committee considered CS FOR HOUSE JOINT                                                 
RESOLUTION NO. 44(RES) am Relating to research into the decline                                     
of the Southwest Alaska population of the Northern Sea Otter in the                                 
western Gulf of Alaska. Signing do pass: Senator Wilken, Cochair;                                   
Senators Dyson, Bunde. Signing no recommendation: Senator Green,                                    
Cochair; Senators Hoffman, Olson.                                                                   
                                                                                                    

2004-05-05                     Senate Journal                      Page 3334
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House Resources Committee                                                 
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
HCR 32                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
CONCURRENT RESOLUTION NO. 32(EDT) am Relating to                                                    
information infrastructure and establishing the Alaska Information                                  
Infrastructure Policy Task Force. Signing no recommendation: Senator                                
Bunde, Chair; Senators French, Gary Stevens. Signing do pass:                                       
Senators Seekins, Davis.                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, University of Alaska                                                      
 Fiscal Note No. 3, Legislative Agency                                                              
                                                                                                    
The resolution was referred to the Finance Committee.                                               
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
HB 414                                                                                            
                                                                 May 4, 2004                        
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The Conference Committee considering CS FOR HOUSE BILL NO.                                          
414(JUD) "An Act relating to filling a vacancy in the office of United                              
States senator, and to the definition of 'political party'" and SENATE                              
CS FOR CS FOR HOUSE BILL NO. 414(JUD) "An Act relating to                                           
filling a vacancy in the office of United States senator, and to the                                
definition of 'political party'; and providing for an effective date"                               
(technical title change) requests limited powers of free conference                                 
pursuant to Rule 42 of the Uniform Rules of the Alaska State                                        
Legislature. We request this authority to address the following points:                             
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3335
     1. Reinclusion of the Legislative Intent language originally                                   
          inserted in CS FOR HOUSE BILL NO. 414(STA) (23-                                           
          LS1514\S; Sec. 1, page 1, lines 6-8); and                                                 
     2. Provisions governing the selection and appointment of                                       
          temporary appointees to the office of United States Senator                               
          following the vacancy of the office and prior to a special                                
          election originally included in CS FOR HOUSE BILL NO.                                     
             414(JUD) (23-LS1514\U; Sec. 3, page 2, lines 4-10).                                   
                                                                                                    
Signing the report: Senator Seekins, Senate Chair, Senators Wagoner,                                
French; Representative McGuire, House Chair, Representatives                                        
Anderson, Crawford.                                                                                 
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 26                                                                                            
SENATE CONCURRENT RESOLUTION NO. 26 BY THE                                                          
SENATE FINANCE COMMITTEE BY REQUEST,                                                                
                                                                                                    
          Urging the Department of Health and Social Services                                       
          to immediately adopt regulations to aggressively                                          
          contain the costs of personal care services in the                                        
          medical assistance program.                                                               
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services Committee.                                                                                 
                                                                                                    
SR 5                                                                                              
SENATE RESOLUTION NO. 5 BY THE SENATE HEALTH,                                                       
EDUCATION AND SOCIAL SERVICES COMMITTEE,                                                            
                                                                                                    
          Relating to the National Day of Prayer.                                                   
                                                                                                    
was read the first time.                                                                            
                                                                                                    
President Therriault stated the resolution will be held on the                                      
Secretary's desk.                                                                                   
                                                                                                    

2004-05-05                     Senate Journal                      Page 3336
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 284                                                                                            
Senator Guess requested that the reconsideration on CS FOR                                          
SENATE BILL NO. 284(FIN) "An Act making information on a                                            
permanent fund dividend application, other than the applicant's name,                               
confidential, and relating to disclosure of that confidential                                       
information; and relating to confidential information in voter                                      
registration records" be taken up. The bill was before the Senate on                                
reconsideration.                                                                                    
                                                                                                    
Senator Guess moved and asked unanimous consent that the bill be                                    
returned to second reading for the purpose of a specific amendment,                                 
that being Amendment No. 1. Without objection, the bill was returned                                
to second reading.                                                                                  
                                                                                                    
Senators Green, Guess offered Amendment No. 1:                                                      
                                                                                                    
Page 2, line 3, following "address.":                                                               
 Insert "However, notwithstanding an election under this                                            
subsection, a voter's residential address may be disclosed to                                       
          (1)  a watcher appointed under AS 15.10.170 and, in the case                              
          of a watcher appointed by an organization or group                                        
          sponsoring or opposing an initiative, referendum, or recall                               
          group, authorized by the director;                                                        
          (2)  an observer of a recount provided under AS 15.20.440(b)                              
          by a candidate, political party, or organized group having a                              
          direct interest in the recount; or                                                        
          (3)  the subject of a recall election if the voter voted in the                           
          recall election."                                                                         
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 1. Senator                                    
Ogan objected, then withdrew his objection. There being no further                                  
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
CS FOR SENATE BILL NO. 284(FIN) am was automatically in third                                       
reading on reconsideration.                                                                         
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3337
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
284(FIN) am "An Act making information on a permanent fund                                          
dividend application, other than the applicant's name, confidential, and                            
relating to disclosure of that confidential information; and relating to                            
confidential information in voter registration records" pass the                                    
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 284(FIN) am                                                                                    
Third Reading - On Reconsideration                                                                  
                                                                                                    
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. 284(FIN) am passed the Senate                                        
on reconsideration and was referred to the Secretary for engrossment.                               
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 97                                                                                             
SENATE BILL NO. 97 "An Act relating to public interest litigants                                    
and to attorney fees; and amending Rule 82, Alaska Rules of Civil                                   
Procedure" was read the second time.                                                                
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 3320.                                
Senator Guess objected, then withdrew her objection. There being no                                 
further objection, CS FOR SENATE BILL NO. 97(JUD) "An Act                                           
relating to public interest litigants and to attorney fees and costs and                            
the posting of bonds or other security; amending Rules 65, 79, 80, and                              
82, Alaska Rules of Civil Procedure, and Rules 205, 508, and 602,                                   
Alaska Rules of Appellate Procedure; and providing for an effective                                 
date" was adopted.                                                                                  
                                                                                                    
Senator Seekins offered Amendment No. 1:                                                            
                                                                                                    

2004-05-05                     Senate Journal                      Page 3338
Page 4, line 13:                                                                                    
 Delete "Board of Fisheries"                                                                        
 Insert "commissioner, the department, the Board of Fisheries,"                                     
                                                                                                    
Page 4, line 14, following "Game":                                                                  
 Insert "regarding subsistence use of fish and game"                                                
                                                                                                    
Senator Seekins moved for the adoption of Amendment No. 1.                                          
Objections were heard. Senator Seekins moved and asked unanimous                                    
consent to withdraw Amendment No. 1. Without objection,                                             
Amendment No. 1 was withdrawn.                                                                      
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 97(JUD) will                                     
be on the May 6 calendar.                                                                           
                                                                                                    
SB 232                                                                                            
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" was read the                                
second time.                                                                                        
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 3197.                                  
Without objection, 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"                               
was adopted.                                                                                        
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3339
President Therriault stated CS FOR SENATE BILL NO. 232(FIN)                                         
will be on the May 6 calendar.                                                                      
                                                                                                    
SB 254                                                                                            
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"                             
was read the second time.                                                                           
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 3299.                                  
Senator Ellis objected, then withdrew his objection. There being no                                 
further objection, CS FOR SENATE BILL NO. 254(FIN) "An Act                                          
relating to tourism marketing contracts; 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. 254(FIN)                                         
will be on the May 6 calendar.                                                                      
                                                                                                    
SB 282                                                                                            
SENATE BILL NO. 282 "An Act relating to the identification of                                       
finfish in food products and to the misbranding of food products                                    
consisting of or containing finfish" was read the second time.                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent for the                                       
adoption of the Resources Committee Substitute offered on page 2456.                                
Without objection, CS FOR SENATE BILL NO. 282(RES) was                                              
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 282(RES) was read the third time.                                            
                                                                                                    

2004-05-05                     Senate Journal                      Page 3340
The question being: "Shall CS FOR SENATE BILL NO. 282(RES)                                          
"An Act relating to the identification of finfish in food products and to                           
the misbranding of food products consisting of or containing finfish"                               
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSSB 282(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. 282(RES) passed the Senate and                                       
was referred to the Secretary for engrossment.                                                      
                                                                                                    
SB 379                                                                                            
SENATE BILL NO. 379 "An Act providing that public members of                                        
the Board of Trustees of the Alaska Permanent Fund Corporation may                                  
be removed only for cause; and providing for an effective date" was                                 
read the second time.                                                                               
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 3097.                                  
Without objection, CS FOR SENATE BILL NO. 379(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.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 379(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 379(FIN)                                          
"An Act providing that public members of the Board of Trustees of the                               
Alaska Permanent Fund Corporation may be removed only for cause;                                    
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3341
                                                                                                    
CSSB 379(FIN)                                                                                       
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. 379(FIN) 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.                                                          
                                                                                                    
SB 392                                                                                            
SENATE BILL NO. 392 "An Act relating to the expenses of                                             
investigation, hearing, or public advocacy before the Regulatory                                    
Commission of Alaska, to calculation of the regulatory cost charge for                              
public utilities and pipeline carriers to include the Department of                                 
Law's costs of its public advocacy function, to inspection of certain                               
books and records by the attorney general when participating as a                                   
party in a matter before the Regulatory Commission of Alaska; and                                   
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated SENATE BILL NO. 392 will be on the                                      
May 6 calendar.                                                                                     
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 306                                                                                            
Senator Seekins requested that the reconsideration on CS FOR                                        
SENATE BILL NO. 306 (FIN) am be taken up. The bill was before                                       
the Senate on reconsideration.                                                                      

2004-05-05                     Senate Journal                      Page 3342
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
306(FIN) am "An Act relating to the practice of naturopathic                                        
medicine; and providing for an effective date" pass the Senate?" The                                
roll was taken with the following result:                                                           
                                                                                                    
CSSB 306(FIN) am                                                                                    
Third Reading - On Reconsideration                                                                  
Effective Dates                                                                                     
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess,                                    
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  French                                                                                       
                                                                                                    
and so, CS FOR SENATE BILL NO. 306(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 clauses. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
                  Second Reading of Senate Bills (continued)                                     
                                                                                                    
SB 395                                                                                            
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" was read the second time.                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE BILL NO. 395 be held to the bottom of today's calendar.                                      
Without objection, it was so ordered.                                                               
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 378                                                                                            
HOUSE BILL NO. 378 "An Act relating to the Alaska Food, Drug,                                       
and Cosmetic Act, including sales, advertising, certain devices, food                               
donors, and food banks; making certain violations of organic food                                   

2004-05-05                     Senate Journal                      Page 3343
provisions and of the Alaska Food, Drug, and Cosmetic Act unfair                                    
methods of competition and unfair or deceptive acts or practices under                              
certain of the state's unfair trade practices and consumer protection                               
laws; and providing for an effective date" was read the second time.                                
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated HOUSE BILL NO. 378 will be on the May                                   
6 calendar.                                                                                         
                                                                                                    
HB 546                                                                                            
CS FOR HOUSE BILL NO. 546(JUD) "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 second time.                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 546(JUD) will                                     
be on the May 6 calendar.                                                                           
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 364                                                                                            
CS FOR SENATE BILL NO. 364(HES) "An Act relating to liability                                       
for expenses of placement in certain mental health facilities; relating to                          
the mental health treatment assistance program; and providing for an                                
effective date" was read the third time.                                                            
                                                                                                    
Senator Guess moved and asked unanimous consent 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.                                                                                  
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3344
Senator Guess offered Amendment No. 2:                                                              
                                                                                                    
Page 2, lines 13 - 26:                                                                              
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 5, lines 6 - 7:                                                                                
 Delete "secs. 1 - 8"                                                                               
 Insert "secs. 1 - 7"                                                                               
                                                                                                    
Page 5, line 14:                                                                                    
 Delete "Section 10"                                                                                
 Insert "Section 9"                                                                                 
                                                                                                    
Page 5, line 15:                                                                                    
 Delete "sec. 11"                                                                                   
 Insert "sec. 10"                                                                                   
                                                                                                    
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 364(HES)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
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. 2 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 364(HES) was automatically in third                                          
reading.                                                                                            
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3345
The question being: "Shall CS FOR SENATE BILL NO. 364(HES)                                          
"An Act relating to liability for expenses of placement in certain                                  
mental health facilities; relating to the mental health treatment                                   
assistance program; and providing for an effective date" pass the                                   
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 364(HES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Cowdery changed from "Nay" to "Yea".                                                                
                                                                                                    
and so, CS FOR SENATE BILL NO. 364(HES) passed the Senate.                                          
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 364(HES)                                                                                       
Effective Date Clauses                                                                              
                                                                                                    
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 effective date clauses failed to be adopted.                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Health, Education and Social Services Committee Letter of Intent                                    
offered on page 2774 be adopted as a Senate Letter of Intent. Without                               
objection, the Senate Letter of Intent was adopted.                                                 
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3346
Senator Guess gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 364(HES)(efd fld) "An Act relating to liability for expenses                               
of placement in certain mental health facilities; and relating to the                               
mental health treatment assistance program."                                                        
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 188                                                                                            
HOUSE BILL NO. 188 "An Act relating to the authority of the                                         
Department of Natural Resources to issue citations for certain skiing                               
violations; relating to establishing a bail schedule for certain skiing                             
violations and to procedures for issuing a citation for a skiing                                    
violation" was read the third time.                                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be returned to the Rules Committee. Without objection, it was so                                    
ordered.                                                                                            
                                                                                                    
HB 409                                                                                            
CS FOR HOUSE BILL NO. 409(FSH) was read the third time.                                             
                                                                                                    
Senator Ben Stevens called the Senate. The call was satisfied.                                      
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 409(FSH) "An                                       
Act relating to the maximum length of salmon seine vessels; and                                     
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSHB 409(FSH)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Stevens B,                                        
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Ogan                                                                                         
                                                                                                    
and so, CS FOR HOUSE BILL NO. 409(FSH) passed the Senate.                                           
                                                                                                    

2004-05-05                     Senate Journal                      Page 3347
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 486                                                                                            
CS FOR HOUSE BILL NO. 486(FIN) was read the third time.                                             
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSHB 486(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 486(FIN) passed the Senate.                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                     Second Reading of House Resolutions                                         
                                                                                                    
HJR 9                                                                                             
CS FOR HOUSE JOINT RESOLUTION NO. 9(FIN) am Proposing                                               
amendments to the Constitution of the State of Alaska relating to an                                
appropriation limit, was read the second time.                                                      
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3348
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Senate Committee Substitute offered on page                                 
3333. Without objection, SENATE CS FOR CS FOR HOUSE JOINT                                           
RESOLUTION NO. 9(FIN) was adopted.                                                                  
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
resolution be considered engrossed, advanced to third reading and                                   
placed on final passage. Senator Ellis objected.                                                    
                                                                                                    
President Therriault stated SENATE CS FOR CS FOR HOUSE                                              
JOINT RESOLUTION NO. 9(FIN) will be on the May 6 calendar.                                          
                                                                                                    
SB 395                                                                                            
Senator Ben Stevens moved and asked unanimous consent that                                          
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" be held in second reading to the May 6                             
calendar. Without objection, it was so ordered.                                                     
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Emma Olsen                                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
Representative(s) Weyhrauch, Kerttula                                                               
                                                                                                    
Honoring - The Alaska Folk Festival                                                                 
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
Representative(s) Weyhrauch, Kerttula                                                               
                                                                                                    
Honoring - Juneau-Douglas High School National Ocean Sciences                                       
Bowl Participants                                                                                   
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              

2004-05-05                     Senate Journal                      Page 3349
Honoring - Robert D. Storer                                                                         
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
French, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman,                                    
Ben Stevens, Gary Stevens, Wagoner, Wilken                                                          
                                                                                                    
In Memoriam - Fred C. Morgan, Sr.                                                                   
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Leona Gran                                                                            
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Bob Ernisse                                                                           
Representative(s) Berkowitz                                                                         
Senator(s) French, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
following citations be made a special order of business. Without                                    
objection, it was so ordered.                                                                       
                                                                                                    
                          Special Order of Business                                              
                                                                                                    
Honoring - Jo Ann Bantz                                                                             
Senator(s) Bunde, Therriault, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3350
Honoring - Emergency Dispatchers Across Alaska                                                      
Representative(s) Coghill                                                                           
Senator(s) Therriault, Cowdery, Davis, Dyson, Elton, Green, Guess,                                  
Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Gary                                        
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Charles E. Crapuchettes                                                               
Senator(s) Wagoner, Dyson, Therriault, Cowdery, Davis, Elton,                                       
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 379                                                                                            
Senators Ben Stevens, Wilken, Ellis, Elton, Gary Stevens, Green,                                    
Guess, Olson, Stedman, Bunde moved and asked unanimous consent                                      
to be shown as cross sponsors on HOUSE BILL NO. 379 "An Act                                         
establishing an office of citizenship assistance in the Department of                               
Labor and Workforce Development." Without objection, it was so                                      
ordered.                                                                                            
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 299                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
concur message on HOUSE CS FOR SENATE BILL NO. 299(JUD)                                             
am H "An Act relating to a charge for a bad check" which had been                                   
held on the Secretary's desk (page 3319) be taken up at this time.                                  
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3351
                                                                                                    
HCS SB 299(JUD) am H                                                                                
Shall the Senate Concur in the House amendments to SB 299?                                          
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens                                   
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR SENATE BILL NO. 299(JUD) am H "An Act                                                  
relating to a charge for a bad check."                                                              
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 300                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
concur message on HOUSE CS FOR CS FOR SENATE BILL NO.                                               
300(JUD) "An Act relating to an attorney's lien, to court actions, and                              
to other proceedings where attorneys are employed; and providing for                                
an effective date" which had been held on the Secretary's desk (page                                
3297) be taken up at this time. Without objection, it was so ordered.                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 300(JUD)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 300(FIN)?  Effective Date                                                         
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens                                   
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Absent:  Hoffman                                                                                    

2004-05-05                     Senate Journal                      Page 3352
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 300(JUD) "An Act                                                
relating to an attorney's lien, to court actions, and to other proceedings                          
where attorneys are employed; and providing for an effective date."                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on concurrence be considered the vote on the effective date                                    
clause. Without objection, it was so ordered.                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 309                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
concur message on HOUSE CS FOR CS FOR SENATE BILL NO.                                               
309(JUD) "An Act relating to testing the blood of prisoners and those                               
in custody for bloodborne pathogens" which had been held on the                                     
Secretary's desk (page 3298) be taken up at this time. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 309(JUD)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 309(JUD) am?                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Absent:  Guess                                                                                      
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 309(JUD) "An Act                                                
relating to testing the blood of prisoners and those in custody for                                 
bloodborne pathogens."                                                                              

2004-05-05                     Senate Journal                      Page 3353
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 344                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
concur message on HOUSE CS FOR SENATE BILL NO. 344(JUD)                                             
am H "An Act relating to the Uniform Probate Code and trusts,                                       
including pleadings, orders, nonprobate assets, estates of decedents,                               
minors, protected persons, incapacitated persons, guardians,                                        
conservators, trustees, foreign trusts, principal and income, and                                   
transfer restrictions; relating to corporate voting trusts; and providing                           
for an effective date" which had been held on the Secretary's desk                                  
(page 3298) be taken up at this time. Without objection, it was so                                  
ordered.                                                                                            
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS SB 344(JUD) am H                                                                                
Shall the Senate Concur in the House                                                                
Amendments to SB 344?   Effective Date                                                              
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Absent:  Guess                                                                                      
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR SENATE BILL NO. 344(JUD) am H "An Act                                                  
relating to the Uniform Probate Code and trusts, including pleadings,                               
orders, nonprobate assets, estates of decedents, minors, protected                                  
persons, incapacitated persons, guardians, conservators, trustees,                                  
foreign trusts, principal and income, and transfer restrictions; relating                           
to corporate voting trusts; and providing for an effective date."                                   
                                                                                                    

2004-05-05                     Senate Journal                      Page 3354
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on concurrence be considered the vote on the effective date                                    
clause. Without objection, it was so ordered.                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 414                                                                                            
President Therriault granted the Senate members of the Conference                                   
Committee considering CS FOR HOUSE BILL NO. 414(JUD) "An                                            
Act relating to filling a vacancy in the office of United States senator,                           
and to the definition of 'political party'" and SENATE CS FOR CS                                    
FOR HOUSE BILL NO. 414(JUD) "An Act relating to filling a                                           
vacancy in the office of United States senator, and to the definition of                            
'political party'; and providing for an effective date" limited powers of                           
free conference as requested (page 3334).                                                           
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
HB 337                                                                                            
Senators Bunde, Wilken, Stedman, Dyson, Gary Stevens, Wagoner,                                      
Davis, Olson moved and asked unanimous consent to be shown as                                       
cross sponsors on CS FOR HOUSE BILL NO. 337(FIN) "An Act                                            
relating to anatomical donor registries, to an anatomical gift awareness                            
fund, to an anatomical gift awareness program, to motor vehicle                                     
licenses and registrations, and to state identification cards." Without                             
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3355
                                 Engrossment                                                     
                                                                                                    
SB 282                                                                                            
CS FOR SENATE BILL NO. 282(RES) "An Act relating to the                                             
identification of finfish in food products and to the misbranding of                                
food products consisting of or containing finfish" was engrossed,                                   
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
SB 284                                                                                            
CS FOR SENATE BILL NO. 284(FIN) am "An Act making                                                   
information on a permanent fund dividend application, other than the                                
applicant's name, confidential, and relating to disclosure of that                                  
confidential information; and relating to confidential information in                               
voter registration records" was engrossed, signed by the President and                              
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
SB 306                                                                                            
CS FOR SENATE BILL NO. 306(FIN) am "An Act relating to the                                          
practice of naturopathic medicine; and providing for an effective date"                             
was engrossed, signed by the President and Secretary and transmitted                                
to the House for consideration.                                                                     
                                                                                                    
SB 379                                                                                            
CS FOR SENATE BILL NO. 379(FIN) "An Act providing that public                                       
members of the Board of Trustees of the Alaska Permanent Fund                                       
Corporation may be removed only for cause; and providing for an                                     
effective date" was engrossed, signed by the President and Secretary                                
and transmitted to the House for consideration.                                                     
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 10:00 a.m., May 6, 2004. Without                                  
objection, the Senate adjourned at 4:05 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    July 2004                       

2004-05-05                     Senate Journal                      Page 3356
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
May 05        Wednesday                    Fahrenkamp 203             1:30 PM                     
              -- Meeting Postponed --                                                               
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 07        Friday                       Fahrenkamp 203             1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 05        Wednesday                 Senate Finance 532            9:00 AM                     
              -- Recessed to 4:20 pm --                                                             
+= SB 395 MUNICIPAL LAND USE REGULATION                                                             
+= HB  10 GROUP HEALTH INSURANCE FOR PRIVATE GROUPS                                                 
+= HB 123 ALASKA WORKFORCE INVESTMENT BOARD                                                         
+ HB 366 ANIMAL CLASSICS CHARITABLE GAMING                                                          
+ HB 379 OFFICE OF CITIZENSHIP ASSISTANCE                                                           
+ HB 459 ELECTRONIC/OPTICAL SCAN VOTING MACHINES                                                    
+ HB 489 AVTEC ADMINISTRATION                                                                       
+ HB 556 AIDEA BONDS FOR LYNN CANAL PORT                                                            
+= HJR  9 CONST AM: APPROPRIATION/SPENDING LIMIT                                                    
+ HB 531 CONVENTIONAL & NONCONVENTIONAL GAS LEASES                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3357
                             FINANCE (continued)                                                 
                                                                                                    
May 06        Thursday                  Senate Finance 532            8:00 AM                     
+ HB  15 SOLICITATIONS/CONSUMER PROTECTION                                                          
+ HB 417 AK NATURAL GAS DEV. AUTHORITY INITIATIVE                                                   
+ HB 418 REAL ESTATE COM'N/LICENSEE/HOME INSPECT                                                    
+ HB 422 BUDGET RESERVE FUND INVESTMENT                                                             
+ HB 494 ELECTRONIC PAYMENT FOR STATE BUSINESS                                                      
+ HB 514 CHILD SUPPORT ENFORCEMENT/ CRIMES                                                          
+ HB 545 STATE REAL PROPERTY LEASE EXTENSIONS                                                       
+ HB 559 STEP PROGRAM CONTINUANCE                                                                   
+= HJR 26 CONST. AM: PF APPROPS/INFLATION-PROOFING                                                  
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 05        Wednesday                       Butrovich 205           1:30 PM                     
              -- To Continue  05/05/04 --                                                           
              At the Call of the Chair                                                              
+= HB 511 CERTIFICATE OF NEED PROGRAM                                                               
+             Bills Previously Heard/Scheduled                                                      
              If Necessary                                                                          
                                                                                                    
May 06        Thursday                         Location Tba                                       
              Continuation of 05/05/04 Meeting                                                      
              At the Call of the Chair                                                              
                                                                                                    
May 07        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
              If Necessary                                                                          
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 05        Wednesday                       Butrovich 205           8:00 AM                     
+ HB 334 UNLAWFUL EXPLOITATION OF MINOR/CHILD PORN                                                  
+ HB 367 LICENSING ADULT-ORIENTED BUSINESSES                                                        
+ HB 342 DRIVING UNDER INFLUENCE/ALCOHOL OFFENSES                                                   
+= HB 273 PARENTS' WAIVER OF CHILD'S SPORTS CLAIM                                                   
+= HB 549 UNSOLICITED COMMUNICATION:AIRCRAFT CRASH                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    

2004-05-05                     Senate Journal                      Page 3358
                            JUDICIARY (continued)                                                
                                                                                                    
May 06        Thursday                        Butrovich 205           8:00 AM                     
+ SB 397 LEGISLATIVE PROCEDURE & ETHICS GUIDELINES                                                  
+ HB 421 DEED OF TRUST RECONVEYANCE                                                                 
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
May 06        Thursday                              Beltz 211         1:30 PM                     
+ HB 474 LIABILITY FOR AIRPORTS AND AIRSTRIPS                                                       
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
May 05        Wednesday                       Butrovich 205           4:15 PM                     
              -- Time Change --                                                                     
+             Confirmation Hearing:                                                                 
              Board of Game                                                                         
+= HB 395 SHALLOW NATURAL GAS/ OIL AND GAS                                                          
+ HB 452 GUIDED SPORT FISHING/ ADFG & CFEC RECORDS                                                  
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 06        Thursday                        Butrovich 205           3:30 PM                     
+ HB 364 NATURAL GAS LEASES NEAR KATCHEMAK BAY                                                      
+ HB 309 PROHIBIT RELEASE OF PREDATORY FISH                                                         
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
May 06        Thursday                              Beltz 211         3:30 PM                     
+ HB 536 PFUND APPLICATION DEADLINES: MILITARY                                                      
+             Confirmation Hearing:                                                                 
              Ray Matiashowski, Commissioner                                                        
+             Department of Administration                                                          
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3359
                               JOINT COMMITTEES                                                  
                                                                                                    
                   CONFERENCE COMMITTEE FOR HOUSE BILL 414                                       
                                                                                                    
May 05        Wednesday                          Capitol 120                                      
                Meeting Postponed to Call of the Chair                                              
              <Meeting will begin immediately following                                             
              House Judiciary Meeting>                                                              
     HB 414 U.S.SENATE VACANCY/DEF OF POLITICAL PARTY                                               
                   ----------------------------------------                                        
                                                                                                    
                   CONFERENCE COMMITTEE ON HB 375 & HB 377                                       
                                                                                                    
May 06        Thursday                  Senate Finance 532            4:30 PM                     
= HB 375 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB 377 APPROP:MENTAL HEALTH BUDGET                                                                
              Departments to be Considered:                                                         
              Administration                                                                        
              Environmental Conservation                                                            
              Fish & Game                                                                           
              Law                                                                                   
              Military & Veterans Affairs                                                           
              Natural Resources                                                                     
              Revenue                                                                               
              Transportation & Public Facilities                                                    
              Court System                                                                          
                   ----------------------------------------                                        
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 283                                           
                                                                                                    
May 05        Wednesday                 Senate Finance 532            5:30 PM                     
              -- Meeting Canceled --                                                                
= SB 283 APPROP:  EDUC/CBR/COURTS/GRANTS/PCE                                                        
                                                                                                    
May 06        Thursday                  Senate Finance 532            5:30 PM                     
= SB 283 APPROP:  EDUC/CBR/COURTS/GRANTS/PCE                                                        
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-05                     Senate Journal                      Page 3360
                         JOINT COMMITTEES (continued)                                            
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
May 05        Wednesday                    Terry Miller 104           5:00 PM                     
              Approvals: Three Year Technology Plan,                                                
              Computer & Printer Upgrade, Print Shop                                                
              Copier and Lease Space                                                                
              Approval of Projects                                                                  
              Capitol 1st Floor HESS/STA Remodel                                                    
              Ratification of Sanctioned Events                                                     
                   ----------------------------------------                                        
                                                                                                    
                    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                                                                         
                                                                                                    
May 07        Friday                                Beltz 211       10:00 AM                      
              Senate Subcommittee Continued                                                         
              Public Comment<by Invitation Only>                                                    
              Executive Session followed by Pubic                                                   
              Session                                                                               
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
May 10        Monday                       House Chamber              3:00 PM                     
              Governor's Appointees                                                                 
                   ----------------------------------------                                        
                                                                                                    
                               MAJORITY CAUCUS                                                   
                                                                                                    
May 05        Wednesday                             Beltz 211         4:00 PM