Legislature(2003 - 2004)

2004-05-06 Senate Journal

Full Journal pdf

2004-05-06                     Senate Journal                      Page 3361
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                    Thursday                       May 6, 2004                      
                                                                                                    
                          One Hundred Sixteenth Day                                              
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:32 a.m.                                                                            
                                                                                                    
The roll showed nineteen members present. Senator Green was absent.                                 
                                                                                                    
The prayer was offered by the Chaplain, Senator Wagoner. Senator                                    
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
Prayer by Pastor Alan Humphries of the Soldotna Church of God:                                      
                                                                                                    
          Heavenly Father, I thank You for the privilege of                                         
          living in this great land of Alaska. We are a blessed                                     
          people. May we never take those blessings for                                             
          granted. May we always acknowledge You as the                                             
          source of those blessings: the fish from the ocean and                                    
          rivers, the animals from the hills and the tundra, the                                    
          timber from the mountains and the rich natural                                            
          resources that provide our stable economic basis from                                     
          deep inside this earth. All these things are truly                                        
          blessings that we didn't create. We are just stewards                                     
          of those resources. May we always strive to be men                                        
          and women of integrity in our use and care of those                                       
          blessings.                                                                                
                                                                                                    
          I pray that we would acknowledge You alone as God                                         
          and not we ourselves. I pray that we would worship                                        
          You and not Your creation. I pray that we would be                                        
          responsible stewards of the renewable resources You                                       
          have given us to enjoy.                                                                   
                                                                                                    

2004-05-06                     Senate Journal                      Page 3362
          Today, oh creator God, I ask Your special blessing                                        
          and guidance upon these men and women gathered                                            
          here. We as Alaskans have chosen them in good faith                                       
          to represent us in the affairs of government here in                                      
          Juneau. I pray they would continue to be men and                                          
          women of integrity. I pray You would give them                                            
          special wisdom beyond what we as humans are                                               
          accustomed to and that they would be led by Your                                          
          Spirit in conducting all the business of this great                                       
          people. That You would lead them to find the                                              
          solutions for the incredibly complex problems that                                        
          face our state. I thank You for Your hand of guidance                                     
          and for men and women who will be open to Your                                            
          leadership. Your Word is truly a "light to our feet and                                   
          a lamp for our path."                                                                     
                                                                                                    
          Heavenly Father, I ask these things in the name of                                        
     Jesus Christ our Lord.                                        Amen.                           
                                                                                                    
Senator Wilken led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred fifteenth legislative day be approved as                                
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HB 414                                                                                            
Message dated May 5 was read, stating the Speaker has granted                                       
limited powers of free conference to 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" on the specific points requested (page                             
3335).                                                                                              

2004-05-06                     Senate Journal                      Page 3363
SB 136                                                                                            
Message dated May 5 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE BILL NO. 136(FIN) am "An Act                                                
          relating to a mandatory property tax exemption for                                        
          certain private property interests on military bases or                                   
          installations; relating to an optional exclusion or                                       
          exemption from municipal taxation for residential                                         
          property; relating to an exemption from and deferral                                      
          of municipal property taxes on certain types of                                           
          deteriorated property; and providing for an effective                                     
          date."                                                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 274                                                                                            
Message dated May 5 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE BILL NO. 274 "An Act relating to the                                               
          housing assistance loan fund in the Alaska Housing                                        
          Finance Corporation; creating the housing assistance                                      
          loan program; repealing loans for teacher housing                                         
          and providing for loans for multi-family housing;                                         
          making conforming amendments; and providing for                                           
          an effective date."                                                                       
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 295                                                                                            
Message dated May 5 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE BILL NO. 295 "An Act extending the                                                 
          termination date of the Navigable Waters                                                  
          Commission for Alaska; and providing for an                                               
          effective date."                                                                          
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3364
SB 315                                                                                            
Message dated May 5 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE BILL NO. 315 "An Act relating to the                                               
          administration of commercial fishing entry permit                                         
          buy-back programs."                                                                       
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 340                                                                                            
Message dated May 5 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE BILL NO. 340 "An Act relating to the                                               
          detention of delinquent minors in correctional                                            
          facilities; relating to emergency detention of minors                                     
          for evaluation for involuntary admission for mental                                       
          health treatment; relating to detention of intoxicated                                    
          minors and minors incapacitated by alcohol or drugs;                                      
          and providing for an effective date."                                                     
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 358                                                                                            
Message dated May 5 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE BILL NO. 358 "An Act relating to the                                               
          performance of railroad track construction work for                                       
          the Department of Transportation and Public                                               
          Facilities by the Alaska Railroad Corporation."                                           
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SJR 27                                                                                            
Message dated May 5 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE JOINT RESOLUTION NO. 27 Relating to                                                
          the resolution of submerged land title disputes.                                          
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    

2004-05-06                     Senate Journal                      Page 3365
SJR 31                                                                                            
Message dated May 5 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE JOINT RESOLUTION NO.                                                        
          31(STA) Relating to urging the United States                                              
          Congress to compensate the State of Alaska for the                                        
          effect of federal land ownership on the state's ability                                   
          to fund public education.                                                                 
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 203                                                                                            
Message dated May 5 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 203(FIN) am "An Act                                        
relating to administrative hearings, to hearing officers, and to                                    
administrative law judges; establishing the office of administrative                                
hearings and relating to that office; and providing for an effective                                
date" with the following amendment:                                                                 
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          203(FIN)                                                                                  
                                                                                                    
President Therriault stated the message will be held on the Secretary's                             
Desk.                                                                                               
                                                                                                    
SB 305                                                                                            
Message dated May 5 was read, stating the House passed and returned                                 
for consideration SENATE BILL NO. 305 "An Act relating to state                                     
ownership of submerged land underlying water that was navigable at                                  
the time Alaska achieved statehood" with the following amendment:                                   
                                                                                                    
          HOUSE CS FOR SENATE BILL NO. 305(FIN)                                                     
                                                                                                    
President Therriault stated the message will be held on the Secretary's                             
Desk.                                                                                               
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3366
SB 323                                                                                            
Message dated May 5 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 323(JUD) am "An Act                                        
relating to a subcontractor's, contractor's, and project owner's liability                          
for workers' compensation, to sole proprietors and partnerships                                     
without employees, and managers or managing members of limited                                      
liability companies, and to the exclusiveness of liability for workers'                             
compensation" with the following amendment:                                                         
                                                                                                    
          CS FOR SENATE BILL NO. 323(JUD) am H                                                      
                                                                                                    
President Therriault stated the message will be held on the Secretary's                             
Desk.                                                                                               
                                                                                                    
The presence of Senator Green was noted.                                                            
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Reports dated May 5 were read, stating:                                                             
                                                                                                    
In accordance with AS 39.05.080, the Senate Resources Committee                                     
reviewed the following and recommends the appointments be                                           
forwarded to a joint session for consideration:                                                     
                                                                                                    
Board of Game                                                                                     
     Michael R. Fleagle - McGrath                                                                   
     Ben Grussendorf - Sitka                                                                        
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individuals during any further sessions.                                                
                                                                                                    
Signing the reports: Senator Ogan, Chair, Senator Wagoner, Vice                                     
Chair; Senators Ben Stevens, Seekins.                                                               
                                                                                                    
SB 395                                                                                            
Forthcoming Finance Committee Substitute (page 3321) for 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 received today:                                                                 

2004-05-06                     Senate Journal                      Page 3367
          CS FOR SENATE BILL NO. 395(FIN) "An Act                                                   
          relating to application of municipal ordinances                                           
          providing for planning, platting, and land use                                            
          regulation to interests in land owned by the Alaska                                       
          Railroad Corporation; authorizing the Alaska                                              
          Railroad Corporation to extend its rail line to Fort                                      
          Greely, Alaska; authorizing the Alaska Railroad                                           
          Corporation to issue bonds to finance the cost of the                                     
          extension and necessary facilities and equipment; and                                     
          providing for an effective date."                                                         
                                                                                                    
SB 396                                                                                            
The Community and Regional Affairs considered SENATE BILL NO.                                       
396 "An Act relating to the establishment of the Interior Rivers Port                               
Authority; and providing for an effective date" and recommended it be                               
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 396(CRA)                                                           
                                                                                                    
Signing no recommendation: Senator Stedman, Chair; Senators                                         
Wagoner, Gary Stevens.                                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Community and                                      
          Economic Development                                                                      
                                                                                                    
President Therriault added a Finance Committee referral to the bill.                                
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 123                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
123(FIN) "An Act relating to the allocation of money appropriated to                                
the Alaska Workforce Investment Board; and providing for an                                         
effective date" and recommended it be replaced with                                                 
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          123(FIN)                                                                                  
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3368
Signing do pass: Senator Wilken, Cochair; Senators Hoffman, Olson,                                  
Ben Stevens. Signing no recommendation: Senators Dyson, Bunde.                                      
                                                                                                    
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 275                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
275(FIN) "An Act relating to animals, and to the care of and to cruelty                             
to animals" and recommended it be replaced with                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          275(JUD)                                                                                  
                                                                                                    
Signing do pass: Senator Seekins, Chair. Signing no recommendation:                                 
Senators Ogan, French.                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Environmental                                               
          Conservation                                                                              
 Fiscal Note No. 4, zero, Department of Public Safety                                               
 Fiscal Note No. 5, indeterminate, Department of Administration                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 417                                                                                            
The Finance Committee considered HOUSE BILL NO. 417 "An Act                                         
amending the definition of 'project' in the Act establishing the Alaska                             
Natural Gas Development Authority; and providing for an effective                                   
date." Signing do pass: Senators Green, Wilken, Cochairs; Senators                                  
Dyson, Ben Stevens. Signing no recommendation: Senators Hoffman,                                    
Bunde, Olson.                                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3369
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Revenue                                            
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 418                                                                                            
The Finance 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(FIN)                                                                                  
                                                                                                    
Signing do pass: Senator Wilken, Cochair; Senators Dyson, Ben                                       
Stevens. Signing no recommendation: Senators Hoffman, Olson,                                        
Bunde.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Community and Economic                                            
          Development                                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 421                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
421(JUD) "An Act relating to reconveyances of deeds of trust."                                      
Signing do pass: Senator Seekins, Chair; Senator Therriault. Signing                                
no recommendation: Senators Ogan, French.                                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3370
HB 459                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
459(STA) "An Act relating to optically scanned and electronically                                   
generated ballots; and providing for an effective date." Signing do                                 
pass: Senator Wilken, Cochair; Senator Ben Stevens. Signing do not                                  
pass: Senator Bunde. Signing no recommendation: Senators Dyson,                                     
Hoffman, Olson.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Office of the Governor                                                          
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 489                                                                                            
The Finance Committee considered HOUSE BILL NO. 489 "An Act                                         
relating to the administration of the Alaska Vocational Technical                                   
Center; and providing for an effective date." Signing do pass: Senators                             
Green, Wilken, Cochairs; Senators Dyson, Bunde, Ben Stevens.                                        
Signing no recommendation: Senators Hoffman, Olson.                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                         
          Development                                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 531                                                                                            
The Finance 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(FIN)                                                                                  
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Bunde, Ben Stevens. Signing no recommendation: Senators Hoffman,                                    
Olson.                                                                                              
                                                                                                    

2004-05-06                     Senate Journal                      Page 3371
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Natural Resources                                                 
 Fiscal Note No. 3, Department of Administration                                                    
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 549                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
549(JUD) am "An Act relating to unsolicited communications                                          
following an aircraft accident" and recommended it be replaced with                                 
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          549(JUD)                                                                                  
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senator Ogan. Signing do not                               
pass: Senator French. Signing no recommendation: Senator Therriault.                                
                                                                                                    
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.                                                       
                                                                                                    
HJR 26                                                                                            
The Finance Committee considered CS FOR HOUSE JOINT                                                 
RESOLUTION NO. 26(FIN) Proposing amendments to the                                                  
Constitution of the State of Alaska relating to and limiting                                        
appropriations from the Alaska permanent fund based on an averaged                                  
percent of the fund market value. Signing no recommendation:                                        
Senators Green, Wilken, Cochairs; Senators Dyson, Hoffman, Olson,                                   
Ben Stevens. Signing do pass: Senator Bunde.                                                        
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 4, zero, Department of Revenue                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 3, Office of the Governor                                                          
                                                                                                    
The resolution is on today's calendar                                                               
                                                                                                    

2004-05-06                     Senate Journal                      Page 3372
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 398                                                                                            
SENATE BILL NO. 398 BY THE SENATE FINANCE                                                           
COMMITTEE, entitled:                                                                                
                                                                                                    
              "An Act establishing the Academic Achievement and                                    
             Accountability Commission; and relating to statewide                                  
          education and assessment standards."                                                      
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services Committee.                                                                                 
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
SR 5                                                                                              
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE RESOLUTION NO. 5 Relating to the National Day of                                             
Prayer, be moved to the top of the calendar. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SR 5                                                                                              
SENATE RESOLUTION NO. 5 was read the second time and was                                            
before the Senate on final passage.                                                                 
                                                                                                    
The question being: "Shall SENATE RESOLUTION NO. 5 Relating                                         
to the National Day of Prayer, pass the Senate?" The roll was taken                                 
with the following result:                                                                          
                                                                                                    
SR 5                                                                                                
Second 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, SENATE RESOLUTION NO. 5 passed the Senate.                                                  

2004-05-06                     Senate Journal                      Page 3373
                    Reconsideration of Senate Resolutions                                        
                                                                                                    
SR 5                                                                                              
Senator Ben Stevens gave notice of reconsideration on SENATE                                        
RESOLUTION NO. 5 and moved and asked unanimous consent that it                                      
be taken up at this time. Without objection, it was so ordered and the                              
resolution was before the Senate on reconsideration.                                                
                                                                                                    
The question to be reconsidered: "Shall SENATE RESOLUTION NO.                                       
5 Relating to the National Day of Prayer, pass the Senate?" The roll                                
was taken with the following result:                                                                
                                                                                                    
SR 5                                                                                                
Final Passage - 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, SENATE RESOLUTION NO. 5 passed the Senate on                                                
reconsideration and was referred to the Secretary for engrossment and                               
enrollment.                                                                                         
                                                                                                    
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 224                                                                                            
SENATE BILL NO. 224 "An Act relating to lowering the legal level                                    
of intoxication for operating a motor vehicle, aircraft, or watercraft to                           
.02 percent or the equivalent for persons under 21 years of age;                                    
relating to implied consent for purposes of determining consumption                                 
of alcohol; and providing for an effective date" was read the second                                
time.                                                                                               
                                                                                                    
Senator Gary Stevens, Chair, moved and asked unanimous consent for                                  
the adoption of the State Affairs Committee Substitute offered on page                              
3119. Without objection, CS FOR SENATE BILL NO. 224(STA) "An                                        
Act relating to a minor operating a vehicle after consuming alcohol, to                             
a minor refusing to submit to chemical tests, and to driving during the                             
24 hours after being cited for one of those offenses; and providing for                             
an effective date" was adopted.                                                                     

2004-05-06                     Senate Journal                      Page 3374
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. 224(STA) was read the third time.                                            
                                                                                                    
Senators Elton, Davis, Seekins, Gary Stevens, Ellis, Wagoner, Ben                                   
Stevens, Ogan, Guess, French, Dyson moved and asked unanimous                                       
consent to be shown as cosponsors on the bill. Without objection, it                                
was so ordered.                                                                                     
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 224(STA)                                          
"An Act relating to a minor operating a vehicle after consuming                                     
alcohol, to a minor refusing to submit to chemical tests, and to driving                            
during the 24 hours after being cited for one of those offenses; and                                
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSSB 224(STA)                                                                                       
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. 224(STA) 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 302                                                                                            
SENATE BILL NO. 302 "An Act relating to the authority to take                                       
oaths, affirmations, and acknowledgments in the state; relating to                                  
notaries public; relating to fees for issuing certificates with the seal of                         
the state affixed; and providing for an effective date" was read the                                
second time.                                                                                        

2004-05-06                     Senate Journal                      Page 3375
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 3198.                                  
Without objection, CS FOR SENATE BILL NO. 302(FIN) "An Act                                          
relating to the authority to take oaths, affirmations, and                                          
acknowledgments in the state, to notarizations, to verifications, to                                
acknowledgments, to fees for issuing certificates with the seal of the                              
state affixed, and to notaries public; and providing for an effective                               
date" 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. 302(FIN)                                         
will be on the May 7 calendar.                                                                      
                                                                                                    
SB 371                                                                                            
SENATE BILL NO. 371 "An Act relating to the powers and duties of                                    
the Department of Transportation and Public Facilities; relating to a                               
long-range program for highway construction and maintenance;                                        
repealing a requirement that public facilities comply with energy                                   
standards adopted by the Department of Transportation and Public                                    
Facilities; and providing for an effective date" was read the second                                
time.                                                                                               
                                                                                                    
Senator Cowdery, Cochair, moved and asked unanimous consent for                                     
the adoption of the Transportation Committee Substitute offered on                                  
page 2819. Without objection, CS FOR SENATE BILL NO.                                                
371(TRA) "An Act relating to the powers and duties of the                                           
Department of Transportation and Public Facilities; relating to a long-                             
range program for highway construction and maintenance; 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. 371(TRA)                                         
will be on the May 7 calendar.                                                                      
                                                                                                    

2004-05-06                     Senate Journal                      Page 3376
                        Senate Bills in Second Reading                                           
                                                                                                    
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" which had been held in second reading                              
(page 3348) was before the Senate.                                                                  
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 3366.                                  
Senator Ellis objected, then withdrew his objection. There being no                                 
further objection, CS FOR SENATE BILL NO. 395(FIN) "An Act                                          
relating to application of municipal ordinances providing for planning,                             
platting, and land use regulation to interests in land owned by the                                 
Alaska Railroad Corporation; authorizing the Alaska Railroad                                        
Corporation to extend its rail line to Fort Greely, Alaska; authorizing                             
the Alaska Railroad Corporation to issue bonds to finance the cost of                               
the extension and necessary facilities and equipment; and providing                                 
for an effective date" was adopted.                                                                 
                                                                                                    
Senator Wilken offered Amendment No. 1:                                                             
                                                                                                    
Page 1, lines 1 - 6:                                                                                
          Delete all material and insert:                                                           
          ""An Act authorizing the Alaska Railroad Corporation to                                 
extend its rail line to Fort Greely, Alaska, and relating to that                                 
extension; authorizing the corporation to issue bonds to finance                                  
the cost of the extension and necessary facilities and equipment;                                 
relating to the Railroad Planning, Platting, and Land Use                                         
Regulation Task Force; and providing for an effective date.""                                     
                                                                                                    
Page 1, line 8, through page 2, line 17:                                                            
          Delete all material.                                                                      
                                                                                                    
Page 2, line 18:                                                                                    
          Delete "Sec. 2"                                                                         
          Insert "Section 1"                                                                      
                                                                                                    
Renumber the following bill sections accordingly.                                                   

2004-05-06                     Senate Journal                      Page 3377
Page 3, line 9:                                                                                     
          Delete "sec. 2"                                                                           
          Insert "sec. 1"                                                                           
                                                                                                    
Page 5, line 4:                                                                                     
          Delete "Section 5"                                                                        
          Insert "Section 4"                                                                        
                                                                                                    
Page 5, line 6:                                                                                     
          Delete all material.                                                                      
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Senator Wilken moved for the adoption of Amendment No. 1. Senator                                   
Ellis objected, then withdrew his objection. There being no further                                 
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
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. 395(FIN) am                                      
"An Act authorizing the Alaska Railroad Corporation to extend its rail                              
line to Fort Greely, Alaska, and relating to that extension; authorizing                            
the corporation to issue bonds to finance the cost of the extension and                             
necessary facilities and equipment; relating to the Railroad Planning,                              
Platting, and Land Use Regulation Task Force; and providing for an                                  
effective date" will be on the May 7 calendar.                                                      
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 83                                                                                             
CS FOR HOUSE BILL NO. 83(JUD) "An Act adopting a version of                                         
the Revised Uniform Arbitration Act; relating to the state's existing                               
Uniform Arbitration Act; amending Rules 3, 18, 19, 20, and 21,                                      
Alaska Rules of Civil Procedure, Rule 601, Alaska Rules of Evidence,                                
and Rule 402, Alaska Rules of Appellate Procedure; and providing for                                
an effective date" was read the second time.                                                        
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3378
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Senate Committee Substitute offered on page                               
2985. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 83(JUD) was adopted.                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 83(JUD) was read the                                            
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 83(JUD) "An Act adopting a version of the Revised Uniform                                       
Arbitration Act; relating to the state's existing Uniform Arbitration                               
Act; amending Rules 3, 18, 19, 20, and 21, Alaska Rules of Civil                                    
Procedure, Rule 601, Alaska Rules of Evidence, and Rule 402, Alaska                                 
Rules of Appellate Procedure; and providing for an effective date"                                  
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
SCS CSHB 83(JUD)                                                                                    
Third Reading - Final Passage                                                                       
Court Rules - Effective Date                                                                        
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, French, Green, Guess,                                   
Hoffman, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Absent:  Elton, Lincoln                                                                             
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 83(JUD)                                                 
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 Court                                 
Rule changes. Without objection, it was so ordered.                                                 
                                                                                                    
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.                                                  

2004-05-06                     Senate Journal                      Page 3379
                        Reconsideration of House Bills                                           
                                                                                                    
HB 83                                                                                             
Senator Wilken gave notice of reconsideration on SENATE CS FOR                                      
CS FOR HOUSE BILL NO. 83(JUD) and moved and asked                                                   
unanimous consent that it be taken up at this time. Without objection,                              
it was so ordered and the bill was before the Senate on                                             
reconsideration.                                                                                    
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 83(JUD) "An Act adopting a version of the                                            
Revised Uniform Arbitration Act; relating to the state's existing                                   
Uniform Arbitration Act; amending Rules 3, 18, 19, 20, and 21,                                      
Alaska Rules of Civil Procedure, Rule 601, Alaska Rules of Evidence,                                
and Rule 402, Alaska Rules of Appellate Procedure; and providing for                                
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SCS CSHB 83(JUD)                                                                                    
Third Reading - On Reconsideration                                                                  
Court Rules - Effective Date                                                                        
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Absent:  Elton                                                                                      
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 83(JUD)                                                 
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 Court                                 
Rule changes. Without objection, it was so ordered.                                                 
                                                                                                    
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.                                                          
                                                                                                    

2004-05-06                     Senate Journal                      Page 3380
HB 260                                                                                            
CS FOR HOUSE BILL NO. 260(JUD) "An Act relating to immunity                                         
for free health care services provided by certain health care providers;                            
and providing for an effective date" was read the second time.                                      
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Senate Committee Substitute offered on page                               
2407. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 260(JUD) was adopted.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated SENATE CS FOR CS FOR HOUSE BILL                                         
NO. 260(JUD) will be on the May 7 calendar.                                                         
                                                                                                    
Senators Bunde, Gary Stevens, Dyson moved and asked unanimous                                       
consent to be shown as cross sponsors on the bill. Without objection, it                            
was so ordered.                                                                                     
                                                                                                    
HB 336                                                                                            
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" was read the second time.                              
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Senate Committee Substitute offered on page                               
3265. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 336(JUD) was adopted.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated SENATE CS FOR CS FOR HOUSE BILL                                         
NO. 336(JUD) will be on the May 7 calendar.                                                         
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3381
HB 337                                                                                            
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" was read the second                               
time.                                                                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
Senators Cowdery, Guess, Ellis, Lincoln, Elton, French, Seekins,                                    
Ogan, Hoffman, Ben Stevens moved and asked unanimous consent to                                     
be shown as cross sponsors on the bill. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
CS FOR HOUSE BILL NO. 337(FIN) was read the third time.                                             
                                                                                                    
The question being: "Shall 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"                              
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSHB 337(FIN)                                                                                       
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 HOUSE BILL NO. 337(FIN) passed the Senate.                                           
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 337                                                                                            
Senator Bunde gave notice of reconsideration on CS FOR HOUSE                                        
BILL NO. 337(FIN) and moved and asked unanimous consent that it                                     
be taken up at this time. Without objection, it was so ordered and the                              
bill was before the Senate on reconsideration.                                                      

2004-05-06                     Senate Journal                      Page 3382
The question to be reconsidered: "Shall 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" pass the Senate?" The roll was taken with the                                 
following result:                                                                                   
                                                                                                    
CSHB 337(FIN)                                                                                       
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 HOUSE BILL NO. 337(FIN) passed the Senate on                                         
reconsideration, was signed by the President and Secretary and                                      
returned to the House.                                                                              
                                                                                                    
HB 451                                                                                            
HOUSE BILL NO. 451 "An Act relating to therapeutic courts; and                                      
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
HOUSE BILL NO. 451 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 451 "An Act relating to                                   
therapeutic courts; and providing for an effective date" pass the                                   
Senate?" The roll was taken with the following result:                                              
                                                                                                    
HB 451                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, HOUSE BILL NO. 451 passed the Senate.                                                       

2004-05-06                     Senate Journal                      Page 3383
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.                                    
                                                                                                    
HB 484                                                                                            
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" 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. 484(JUD) am                                       
will be on the May 7 calendar.                                                                      
                                                                                                    
HB 539                                                                                            
CS FOR HOUSE BILL NO. 539(L&C) "An Act exempting a person                                           
who allows a student of the University of Alaska to gain practical                                  
work experience with the person while participating in a practicum                                  
from vicarious liability as an employer, and exempting the student                                  
participating in a practicum from the Alaska Wage and Hour Act; and                                 
providing for an effective date" was read the 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. 539(L&C)                                          
will be on the May 7 calendar.                                                                      
                                                                                                    
HB 556                                                                                            
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" was read the                            
second time.                                                                                        

2004-05-06                     Senate Journal                      Page 3384
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. 556(FIN) will                                     
be on the May 7 calendar.                                                                           
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 97                                                                                             
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 read                               
the third time.                                                                                     
                                                                                                    
Senator Seekins moved that the bill be returned to second reading for                               
the purpose of a specific amendment, that being Amendment No. 1.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Seekins offered Amendment No. 1 (page 3337).                                                
                                                                                                    
Senator Seekins moved for the adoption of Amendment No. 1.                                          
Without objection, Amendment No. 1 was adopted.                                                     
                                                                                                    
CS FOR SENATE BILL NO. 97(JUD) am was automatically in third                                        
reading.                                                                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 97(JUD) am                                        
"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" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3385
                                                                                                    
CSSB 97(JUD) am                                                                                     
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Stevens G                                                                                           
                                                                                                    
and so, CS FOR SENATE BILL NO. 97(JUD) am passed the Senate.                                        
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CSSB 97(JUD) am                                                                                     
Effective Date Clause                                                                               
                                                                                                    
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 clause failed to be adopted.                                             
                                                                                                    
Senator Ben Stevens moved for the adoption of the Court Rule                                        
changes.                                                                                            
                                                                                                    
The question being: "Shall the Court Rule changes be adopted?" The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSSB 97(JUD) am(efd fld)                                                                            
Adopt Court Rule changes?                                                                           
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  

2004-05-06                     Senate Journal                      Page 3386
                                                                                                    
and so, the Court Rule changes failed to be adopted.                                                
                                                                                                    
Senator Seekins gave notice of reconsideration on CS FOR SENATE                                     
BILL NO. 97(JUD) am(ct rule fld)(efd fld) "An Act relating to public                                
interest litigants and to attorney fees and costs and the posting of                                
bonds or other security."                                                                           
                                                                                                    
SB 232                                                                                            
CS FOR SENATE BILL NO. 232(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSSB 232(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Stevens B,                                        
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Absent:  Ogan                                                                                       
                                                                                                    
and so, CS FOR SENATE BILL NO. 232(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.                                                          
                                                                                                    

2004-05-06                     Senate Journal                      Page 3387
SB 254                                                                                            
CS FOR SENATE BILL NO. 254(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 254(FIN)                                          
"An Act relating to tourism marketing contracts; and providing for an                               
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSSB 254(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  8   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Seekins, Stedman, Stevens B,                                   
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Absent:  Ogan                                                                                       
                                                                                                    
and so, CS FOR SENATE BILL NO. 254(FIN) passed the Senate.                                          
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CSSB 254(FIN)                                                                                       
Effective Date Clause                                                                               
                                                                                                    
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 clause failed to be adopted.                                             
                                                                                                    
Senator Ellis gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 254(FIN)(efd fld).                                                                         
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3388
SB 392                                                                                            
SENATE BILL NO. 392 was read the third time.                                                        
                                                                                                    
The question being: "Shall 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" pass the Senate?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SB 392                                                                                              
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                                  
                                                                                                    
Olson changed from "Yea" to "Nay".                                                                  
                                                                                                    
and so, SENATE BILL NO. 392 passed the Senate.                                                      
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SB 392                                                                                              
Effective Date Clause                                                                               
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, French, Green, Guess,                                          
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Elton                                                                                 
                                                                                                    
and so, the effective date clause was adopted.                                                      

2004-05-06                     Senate Journal                      Page 3389
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 378                                                                                            
HOUSE BILL NO. 378 was read the third time.                                                         
                                                                                                    
Senator Hoffman moved and asked unanimous consent to abstain from                                   
voting due to a conflict of interest. Objections were heard and Senator                             
Hoffman was required to vote.                                                                       
                                                                                                    
The question being: "Shall HOUSE BILL NO. 378 "An Act relating to                                   
the Alaska Food, Drug, and Cosmetic Act, including sales, advertising,                              
certain devices, food donors, and food banks; making certain                                        
violations of organic food provisions and of the Alaska Food, Drug,                                 
and Cosmetic Act unfair methods of competition and unfair or                                        
deceptive acts or practices under certain of the state's unfair trade                               
practices and consumer protection laws; and providing for an effective                              
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
HB 378                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis                                                                                        
                                                                                                    
and so, HOUSE BILL NO. 378 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.                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3390
HB 546                                                                                            
CS FOR HOUSE BILL NO. 546(JUD) was read the third time.                                             
                                                                                                    
The question being: "Shall 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" pass the                                
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSHB 546(JUD)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner                                                                      
                                                                                                    
Absent:  Wilken                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 546(JUD) 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.                                                  
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SR 3                                                                                              
SENATE RESOLUTION NO. 3 Relating to commemoration of                                                
Senator Frank R. Ferguson and other distinguished Senators, was read                                
the second time.                                                                                    
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 3332.                                  
Without objection, CS FOR SENATE RESOLUTION NO. 3(FIN)                                              
was adopted and was before the Senate on final passage.                                             
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3391
The question being: "Shall CS FOR SENATE RESOLUTION NO.                                             
3(FIN) Relating to commemoration of Senator Frank R. Ferguson and                                   
other distinguished Senators, pass the Senate?" The roll was taken                                  
with the following result:                                                                          
                                                                                                    
CSSR 3(FIN)                                                                                         
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                   
Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Absent:  Bunde, Cowdery, Ogan                                                                       
                                                                                                    
and so, CS FOR SENATE RESOLUTION NO. 3(FIN) passed the                                              
Senate and was referred to the Secretary for engrossment and                                        
enrollment.                                                                                         
                                                                                                    
Senators Lincoln, Dyson, French, Ellis, Elton, Davis, Ben Stevens,                                  
Guess, Hoffman, Bunde, Cowdery moved and asked unanimous                                            
consent to be shown as cosponsors on the resolution. Without                                        
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 546                                                                                            
Senator Wilken gave notice of reconsideration on CS FOR HOUSE                                       
BILL NO. 546(JUD) and moved and asked unanimous consent that it                                     
be taken up at this time. Without objection, it was so ordered and the                              
bill was before the Senate on reconsideration.                                                      
                                                                                                    
The question to be reconsidered: "Shall 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"                                  
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3392
                                                                                                    
CSHB 546(JUD)                                                                                       
Third Reading - On Reconsideration                                                                  
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. 546(JUD) passed the Senate on                                         
reconsideration.                                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                     Second Reading of House Resolutions                                         
                                                                                                    
HJR 26                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 26(FIN) Proposing                                                 
amendments to the Constitution of the State of Alaska relating to and                               
limiting appropriations from the Alaska permanent fund based on an                                  
averaged percent of the fund market value, was read the second time.                                
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
resolution be advanced to third reading and placed on final passage.                                
Senator Ellis objected.                                                                             
                                                                                                    
President Therriault stated CS FOR HOUSE JOINT RESOLUTION                                           
NO. 26(FIN) will be on the May 7 calendar.                                                          
                                                                                                    
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 364                                                                                            
Senator Green requested that the reconsideration on CS FOR                                          
SENATE BILL NO. 364(HES)(efd fld) be taken up. The bill was                                         
before the Senate on reconsideration.                                                               

2004-05-06                     Senate Journal                      Page 3393
The question to be reconsidered: "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 - On Reconsideration                                                                  
                                                                                                    
YEAS:  12   NAYS:  7   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Lincoln, Olson                                           
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, CS FOR SENATE BILL NO. 364(HES) passed the Senate on                                        
reconsideration.                                                                                    
                                                                                                    
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:  7   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Lincoln, Olson                                           
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, the effective date clauses failed to be adopted and CS FOR                                  
SENATE BILL NO. 364(HES)(efd fld) was referred to the Secretary                                     
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3394
                  Consideration of the Calendar (continued)                                      
                                                                                                    
                      Third Reading of House Resolutions                                         
                                                                                                    
HJR 9                                                                                             
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
9(FIN) Proposing amendments to the Constitution of the State of                                     
Alaska relating to an appropriation limit, was read the third time.                                 
                                                                                                    
Senator Guess moved and asked unanimous consent that the resolution                                 
be returned to second reading for the purpose of a specific amendment,                              
that being Amendment No. 1. Without objection, the resolution was                                   
returned to second reading.                                                                         
                                                                                                    
Senators Guess, Davis, Ellis, Elton, French, Lincoln, Olson, Hoffman                                
offered Amendment No. 1:                                                                            
                                                                                                    
Page 3, following line 11:                                                                          
     Insert a new paragraph to read:                                                                
              "(12)  an appropriation for kindergarten through twelfth                              
          grade public education or the University of Alaska;"                                      
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 1. Senator                                    
Ben Stevens objected.                                                                               
                                                                                                    
Senator Guess rose to a point of order. President Therriault cautioned                              
members to proceed in order.                                                                        
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSHJR 9(FIN)                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    

2004-05-06                     Senate Journal                      Page 3395
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
9(FIN) was automatically in third reading.                                                          
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE                                               
JOINT RESOLUTION NO. 9(FIN) Proposing amendments to the                                             
Constitution of the State of Alaska relating to an appropriation limit,                             
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
SCS CSHJR 9(FIN)                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  8   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ogan, Seekins, Stedman, Stevens B,                                    
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Absent:  Green                                                                                      
                                                                                                    
Cowdery changed from "Nay" to "Yea".                                                                
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                                                 
NO. 9(FIN) failed to passed the Senate.                                                             
                                                                                                    
Senator Wilken gave notice of reconsideration on SENATE CS FOR                                      
CS FOR HOUSE JOINT RESOLUTION NO. 9(FIN)(fld S).                                                    
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Peter Bullock                                                                            
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Ninilchik Lady Wolverines                                                                
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
Representative(s) Chenault                                                                          

2004-05-06                     Senate Journal                      Page 3396
Honoring - Southeast Alaska Area Council Boy Scouts of America                                      
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - June Liebing                                                                             
Representative(s) Gatto                                                                             
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Sondra Markwardt                                                                         
Representative(s) Gatto                                                                             
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - 25th Anniversary Snowshoe Elementary School                                              
Representative(s) Stoltze                                                                           
Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                   
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
In Memoriam - Phyllis Abbott                                                                        
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Scott Cunningham                                                                      
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    

2004-05-06                     Senate Journal                      Page 3397
                             Unfinished Business                                                 
                                                                                                    
HB 427                                                                                            
Senator Wilken, Cochair, moved and asked unanimous consent that                                     
the Finance Committee referral be waived on CS FOR HOUSE BILL                                       
NO. 427(JUD) "An Act relating to guardianships and                                                  
conservatorships, to the public guardian and the office of public                                   
advocacy, to private professional guardians and private professional                                
conservators, to court visitors, court-appointed attorneys, guardians ad                            
litem, and fiduciaries, and to the protection of the person or property                             
of certain individuals, including minors; amending Rule 17(c), Alaska                               
Rules of Civil Procedure, and Rules 16(f) and 17(e), Alaska Rules of                                
Probate Procedure; and providing for an effective date." Without                                    
objection, the bill was referred to the Rules Committee.                                            
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 203                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
concur message on HOUSE CS FOR CS FOR SENATE BILL NO.                                               
203(FIN) "An Act relating to administrative hearings, to hearing                                    
officers, and to administrative law judges; establishing the office of                              
administrative hearings and relating to that office; and providing for an                           
effective date" which had been held on the Secretary's desk (page                                   
3365) 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 203(FIN)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 203(FIN) am? - Effective Dates                                                    
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    

2004-05-06                     Senate Journal                      Page 3398
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 203(FIN) "An Act                                                
relating to administrative hearings, to hearing officers, and to                                    
administrative law judges; establishing the office of administrative                                
hearings and relating to that office; 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                                    
clauses. Without objection, it was so ordered.                                                      
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 301                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
concur message on HOUSE CS FOR CS FOR SENATE BILL NO.                                               
301(FIN) am H "An Act relating to the Alaska Pioneers' Home and the                                 
Alaska Veterans' Home; relating to eligibility for admission to the                                 
Alaska Pioneers' Home and Alaska Veterans' Home; relating to the                                    
eligibility of residents for the Alaska Pioneers' Home and the Alaska                               
Veterans' Home for general relief assistance; relating to state veterans'                           
home facilities; making conforming amendments; and providing for an                                 
effective date" which had been held on the Secretary's desk (page                                   
2917) be taken up at this time. Without objection, it was so ordered.                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments and recommended the body vote no.                                                        
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3399
                                                                                                    
HCS CSSB 301(FIN) am H                                                                              
Shall the Senate Concur in the House Amendments                                                     
to CSSB 301(FIN)?                                                                                   
                                                                                                    
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                                                   
                                                                                                    
Davis changed from "Nay" to "Yea".                                                                  
Ogan changed from "Yea" to "Nay".                                                                   
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendments.                                                
                                                                                                    
SB 305                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
concur message on HOUSE CS FOR SENATE BILL NO. 305(FIN)                                             
"An Act relating to state ownership of submerged land underlying                                    
water that was navigable at the time Alaska achieved statehood" which                               
had been held on the Secretary's desk (page 3365) 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 SB 305(FIN)                                                                                     
Shall the Senate Concur in the House                                                                
Amendment to SB 305?                                                                                
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    

2004-05-06                     Senate Journal                      Page 3400
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR SENATE BILL NO. 305(FIN) "An Act relating to                                           
state ownership of submerged land underlying water that was                                         
navigable at the time Alaska achieved statehood."                                                   
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 409                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 409(FSH) "An                                           
Act relating to the maximum length of salmon seine vessels; and                                     
providing for an effective date" was not taken up this legislative day                              
and the bill was signed by the President and Secretary and returned to                              
the House.                                                                                          
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 224                                                                                            
CS FOR SENATE BILL NO. 224(STA) "An Act relating to a minor                                         
operating a vehicle after consuming alcohol, to a minor refusing to                                 
submit to chemical tests, and to driving during the 24 hours after being                            
cited for one of those offenses; and providing for an effective date"                               
was engrossed, signed by the President and Secretary and transmitted                                
to the House for consideration.                                                                     
                                                                                                    
SB 232                                                                                            
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                             

2004-05-06                     Senate Journal                      Page 3401
public safety officer service in the public employees' retirement                                   
system to five years; and providing for an effective date" was                                      
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
SB 364                                                                                            
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" was                                 
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration with a Senate Letter of Intent.                                         
                                                                                                    
HB 83                                                                                             
SENATE CS FOR CS FOR HOUSE BILL NO. 83(JUD) "An Act                                                 
adopting a version of the Revised Uniform Arbitration Act; relating to                              
the state's existing Uniform Arbitration Act; amending Rules 3, 18, 19,                             
20, and 21, Alaska Rules of Civil Procedure, Rule 601, Alaska Rules                                 
of Evidence, and Rule 402, Alaska Rules of Appellate Procedure; and                                 
providing for an effective date" was engrossed, signed by the President                             
and Secretary and returned 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 7, 2004. Without                                  
objection, the Senate adjourned at 8:14 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2004                        

2004-05-06                     Senate Journal                      Page 3402
                                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 06        Thursday                              Beltz 211         8:30 AM                     
              -- Time and Location Change --                                                        
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 07        Friday                       Fahrenkamp 203             1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
+ HB 561 G.O. BONDS FOR TRANSPORTATION PROJECTS                                                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
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                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3403
                             FINANCE (continued)                                                 
                                                                                                    
May 07        Friday                    Senate Finance 532            8:00 AM                     
+ SB 308 DOMESTIC VIOLENCE PROTECTIVE ORDERS                                                        
+ HB  56 UNFAIR TRADE PRACTICES ATTY FEES/COSTS                                                     
+ HB 341 DIVE FISHERY MANAGEMENT ASSESSMENT                                                         
+ HB 342 DRIVING UNDER INFLUENCE/ALCOHOL OFFENSES                                                   
+ HB 425 SCHOOL FUNDS RELATED TO BOARDING SCHOOLS                                                   
+ HCR 32 AK INFO INFRASTRUCTURE POLICY TASK FORCE                                                   
+= SB 366 STATE  SALES TAX                                                                          
              <Invited Testimony Only for SB 366>                                                   
+= HB  15 SOLICITATIONS/CONSUMER PROTECTION                                                         
+= 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                                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 08        Saturday                  Senate Finance 532          10:00 AM                      
+ HB 534 MAKE OFFICE OF VICTIMS RIGHTS PERMANENT                                                    
+ HB 275 ANIMALS AND CRUELTY TO ANIMALS                                                             
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 06        Thursday                     Fahrenkamp 203             5:00 PM                     
              -- Time Change --                                                                     
                                                                                                    
May 07        Friday                          Butrovich 205           1:30 PM                     
+ HB 338 ATTENDANCE AT PUBLIC SCHOOL                                                                
+ HB 381 CHILD ENDANGERMENT DRIVING OFFENSES                                                        
+ HB 405 SCHOOL PERFORMANCE DESIGNATION/REPORT                                                      
+ HB 353 JURY DUTY EXEMPTION FOR CERTAIN TEACHERS                                                   
+ HB 443 TEACHERS AND NURSES HOUSING LOAN PROGRAM                                                   
+             Confirmation Hearings                                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 10        Monday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3404
               HEALTH, EDUCATION & SOCIAL SERVICES (continued)                                   
                                                                                                    
May 12        Wednesday                       Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 14        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 06        Thursday                        Butrovich 205           8:00 AM                     
+ SB 397 LEGISLATIVE PROCEDURE & ETHICS GUIDELINES                                                  
+ HB 421 DEED OF TRUST RECONVEYANCE                                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 07        Friday                          Butrovich 205           8:00 AM                     
+ HB 552 GAMBLING & GAMING                                                                          
+ SB 397 LEGISLATIVE PROCEDURE & ETHICS GUIDELINES                                                  
+ HB 367 LICENSING ADULT-ORIENTED BUSINESSES                                                        
+ SB 246 HATE CRIMES/DISCRIMINATION/TOLERANCE PROG                                                  
+             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 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                                                      
                                                                                                    
May 07        Friday                          Butrovich 205           3:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    

2004-05-06                     Senate Journal                      Page 3405
                                STATE AFFAIRS                                                    
                                                                                                    
May 06        Thursday                              Beltz 211         4:45 PM                     
              -- Time Change --                                                                     
+ HB 536 PFUND APPLICATION DEADLINES: MILITARY                                                      
+             Confirmation Hearing:                                                                 
              Ray Matiashowski, Commissioner                                                        
+             Department of Administration                                                          
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                   CONFERENCE COMMITTEE FOR HOUSE BILL 414                                       
                                                                                                    
May 06        Thursday                           Capitol 120          7:00 PM                     
              <Meeting Postponed to 05/07/04>                                                       
= 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                     
              -- Meeting Postponed to 7:00 a.m. May 7--                                             
= 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                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-06                     Senate Journal                      Page 3406
                   CONFERENCE COMMITTEE ON HB 375 & HB 377                                       
                                 (continued)                                                     
                                                                                                    
May 07        Friday                    Senate Finance 532            7:00 AM                     
= 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 06        Thursday                  Senate Finance 532            5:30 PM                     
              -- Postponed to 05/07/04 --                                                           
= SB 283 APPROP:  EDUC/CBR/COURTS/GRANTS/PCE                                                        
                                                                                                    
May 07        Friday                    Senate Finance 532            5:00 PM                     
= SB 283 APPROP:  EDUC/CBR/COURTS/GRANTS/PCE                                                        
                   ----------------------------------------                                        
                                                                                                    
                    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                                                                               
                   ----------------------------------------                                        
                                                                                                    

2004-05-06                     Senate Journal                      Page 3407
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
May 10        Monday                       House Chamber              3:00 PM                     
              Governor's Appointees                                                                 
                   ----------------------------------------                                        
                                                                                                    
                               MAJORITY CAUCUS                                                   
                                                                                                    
May 06        Thursday                        Butrovich 205           4:15 PM                     
                   ----------------------------------------                                        
                                                                                                    
                               MINORITY CAUCUS                                                   
                                                                                                    
May 06        Thursday                              Beltz 211         4:15 PM