Legislature(2003 - 2004)

2004-05-08 Senate Journal

Full Journal pdf

2004-05-08                     Senate Journal                      Page 3459
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Saturday                      May 8, 2004                      
                                                                                                    
                          One Hundred Eighteenth Day                                             
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 1:20 p.m.                                                                             
                                                                                                    
The roll showed sixteen members present. Senators Davis, Dyson,                                     
Hoffman, Lincoln were absent.                                                                       
                                                                                                    
The prayer was offered by the Chaplain, Senator Ogan. Senator Olson                                 
moved and asked unanimous consent that the prayer be spread.                                        
Without objection, it was so ordered.                                                               
                                                                                                    
          Thank You Lord. We ask for Your divine wisdom                                             
          and guidance as we have been put in a place of great                                      
          stewardship over the land, the resources and the                                          
          finances of the state.                                                                    
                                                                                                    
             May we seek Your help in doing what is best for our                                   
                constituents and taking care of the wonderful                                      
          resources that You have blessed us with.                                                  
                                                                                                    
      I ask this in Jesus' name,                                   Amen.                           
                                                                                                    
Senator Elton led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred seventeenth legislative day be approved as                              
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3460
The presence of Senators Davis, Dyson was noted.                                                    
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SJR 25                                                                                            
Message dated May 7 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE JOINT RESOLUTION NO. 25                                                            
          Recommending that certain federal funding                                                 
          restrictions be eased so that more villages in Alaska                                     
          would qualify for assistance relating to flooding and                                     
          erosion.                                                                                  
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SB 31                                                                                             
Message dated May 7 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE BILL NO. 31(RES) am "An Act                                                 
          relating to a transportation corridor for extension of                                    
          the Alaska Railroad to Canada and to extension of the                                     
          Alaska Railroad to connect with the North American                                        
          railroad system."                                                                         
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 231                                                                                            
Message dated May 7 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE BILL NO. 231(FIN) "An Act                                                   
          relating to unclaimed property; and providing for an                                      
          effective date."                                                                          
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 278                                                                                            
Message dated May 7 was read, stating the House passed and returned:                                
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3461
          CS FOR SENATE BILL NO. 278(FIN) "An Act                                                   
          relating to fees for the inspection of recreational                                       
          devices, including instructional devices,  for                                            
          certificates of fitness for electrical wiring and                                         
          plumbing, and for licenses for boiler operators;                                          
          relating to the building safety account; and providing                                    
          for an effective date."                                                                   
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 349                                                                                            
Message dated May 7 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE BILL NO. 349 "An Act requiring licensure                                           
          of midwifery birth centers; and providing for an                                          
          effective date."                                                                          
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Message dated May 7 was read, stating the House passed and                                          
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HCR 39                                                                                            
CS FOR HOUSE CONCURRENT RESOLUTION NO. 39(RLS) am                                                   
BY THE HOUSE RULES COMMITTEE,                                                                       
                                                                                                    
          Establishing the Alaska Royalty and Revenue                                               
          Committee.                                                                                
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3462
                               Concur Messages                                                   
                                                                                                    
SB 273                                                                                            
Message dated May 7 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 273(FIN) "An Act                                           
amending the size, membership, and powers of the board of directors                                 
of the Alaska Seafood Marketing Institute and making a corresponding                                
change in the quorum requirement; authorizing the establishment of                                  
the seafood marketing assessment at a rate of 0.5 percent or 0.6                                    
percent of the value of seafood products produced; providing for an                                 
election to retain, terminate, or increase the seafood marketing                                    
assessment; providing for the repeal of the salmon marketing tax and                                
provisions related to the salmon marketing tax; and providing for an                                
effective date" with the following amendment:                                                       
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          273(FIN)                                                                                  
                                                                                                    
President Therriault stated the message will held on the Secretary's                                
desk.                                                                                               
                                                                                                    
SB 365                                                                                            
Message dated May 7 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 365(FIN) "An Act                                           
relating to the regulation of speech-language pathologist assistants;                               
and providing for an effective date" with the following amendment:                                  
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          365(FIN)                                                                                  
                                                                                                    
President Therriault stated the message will held on the Secretary's                                
desk.                                                                                               
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated May 7 was read stating:                                                                
                                                                                                    
In accordance with AS 39.05.080, the Senate Health, Education and                                   
Social Services Committee reviewed the following and recommends                                     
the appointments be forwarded to a Joint Session for consideration:                                 

2004-05-08                     Senate Journal                      Page 3463
Board of Nursing                                                                                  
James E. Jurrens  -  Juneau                                                                         
                                                                                                    
Professional Teaching Practices Commission                                                        
Kimberly (Kim) Jockusch  -  Anchorage                                                               
Dr. Donna Peterson  -  Soldotna                                                                     
                                                                                                    
Board of Social Work Examiners                                                                    
Darrell Allman  -  Anchorage                                                                        
Mildred D. (Tammy) Townsend  -  Anchorage                                                           
                                                                                                    
Board of Certified Direct-Entry Midwives                                                          
Dana L. Brown - Fairbanks                                                                           
Sharon K. Evans - Palmer                                                                            
                                                                                                    
Board of Examiners in Optometry                                                                   
Dr. Jill Geering Matheson - Juneau                                                                  
Dr. Jeff Gonnason - Anchorage                                                                       
                                                                                                    
Board of Dispensing Opticians                                                                     
Larry E. Harper - Anchorage                                                                         
                                                                                                    
There were no stated objections to the confirmation of the named                                    
individuals by committee members. This does not reflect intent by any                               
of the members to vote for or against the individuals during any                                    
further sessions.                                                                                   
                                                                                                    
Signing the report: Senator Dyson, Chair; Senators Davis, Wilken.                                   
                                                                                                    
SB 308                                                                                            
The Finance Committee considered SENATE BILL NO. 308 "An Act                                        
increasing the duration of certain provisions of domestic violence                                  
protective orders from six months to one year" and recommended the                                  
adoption of the Judiciary Committee Substitute offered on page 2847,                                
and further recommended the adoption of the Judiciary Committee                                     
Letter of Intent offered on page 2848.                                                              
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Hoffman, Olson, Bunde, Ben Stevens.                                                                 
                                                                                                    

2004-05-08                     Senate Journal                      Page 3464
The following fiscal information was published today:                                               
 Fiscal Note No. 3, Department of Administration                                                    
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Alaska Court System                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 56                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
56(L&C) "An Act relating to the award to the state of actual                                        
reasonable attorney fees and costs, including costs of investigation, in                            
certain court actions relating to unfair trade practices; and amending                              
Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure." Signing do                               
pass: Senator Wilken, Cochair; Senators Dyson, Hoffman, Bunde, Ben                                  
Stevens. Signing no recommendation: Senator Green, Cochair;                                         
Senator Olson.                                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Law                                                
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 255                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 255(FIN)(title am) "An Act amending the Alaska Wage and                                    
Hour Act as it relates to the scope of administrative regulations                                   
defining a person employed in a bona fide executive, administrative,                                
or professional capacity as it pertains to minimum salaries to require                              
that the minimum salary for that individual be two times the minimum                                
wage for the first forty hours of employment each week." Signing do                                 
pass: Senator Bunde, Chair. Signing no recommendation: Senators                                     
French, Gary Stevens.                                                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Labor and Workforce                                         
          Development                                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    

2004-05-08                     Senate Journal                      Page 3465
HB 309                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
309(JUD) am "An Act relating to nonindigenous fish" and                                             
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          309(RES)                                                                                  
                                                                                                    
Signing do pass: Senator Ogan, Chair, Senators Ben Stevens, Seekins.                                
Signing no recommendation: Senator Wagoner.                                                         
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
 Fiscal Note No. 2, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 319                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
319(FIN) am "An Act relating to the disposal of state land by lottery;                              
relating to the reservation of rights by the state in land contracts and                            
deeds; relating to the disposal, including sale or lease, of remote                                 
recreational cabin sites; and providing for an effective date" and                                  
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          319(RES)                                                                                  
                                                                                                    
Signing no recommendation: Senator Ogan, Chair; Senator Wagoner.                                    
Signing do pass: Senators Seekins, Ben Stevens.                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 4, zero, Department of Natural Resources                                           
 Fiscal Note No. 5, Department of Natural Resources                                                 
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3466
HB 338                                                                                            
The Health, Education and Social Services Committee considered CS                                   
FOR HOUSE BILL NO. 338(HES) "An Act relating to attendance at                                       
public school; and providing for an effective date." Signing do pass:                               
Senator Dyson, Chair; Senator Davis. Signing no recommendation:                                     
Senators Guess, Wilken.                                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Education and                                      
          Early Development                                                                         
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 353                                                                                            
The Health, Education and Social Services Committee considered CS                                   
FOR HOUSE BILL NO. 353(JUD) "An Act exempting certain                                               
teachers at certain schools from jury service during school terms; and                              
amending Rule 15(k), Alaska Rules of Administration." Signing do                                    
pass: Senator Dyson, Chair; Senators Guess, Davis. Signing no                                       
recommendation: Senator Wilken.                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 2, zero, Department of Education and Early                                         
          Development                                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 381                                                                                            
The Health, Education and Social Services Committee considered CS                                   
FOR HOUSE BILL NO. 381(RLS) "An Act relating to child                                               
endangerment." Signing do pass: Senator Dyson, Chair; Senators                                      
Guess, Davis. Signing no recommendation: Senator Wilken.                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 6, zero, Department of Public Safety                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3467
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 4, zero, House Rules Committee                                                     
 Fiscal Note No. 5, zero, House Rules Committee                                                     
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 405                                                                                            
The Health, Education and Social Services Committee considered CS                                   
FOR HOUSE BILL NO. 405(EDU) "An Act relating to reports on                                          
school and school district performance; and relating to accountability                              
of public schools and school districts; and providing for an effective                              
date" and recommended it be replaced with                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          405(HES) "An Act relating to reports on school and                                        
          school district performance; relating to accountability                                   
          of public schools and school districts; and providing                                     
          for an effective date." (technical title change)                                          
                                                                                                    
Signing do pass: Senator Dyson, Chair; Senators Guess, Davis.                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Education and Early                                         
          Development                                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
The presence of Senator Hoffman was noted.                                                          
                                                                                                    
HB 443                                                                                            
The Health, Education and Social Services Committee considered                                      
HOUSE BILL NO. 443 "An Act relating to eligibility of nurses for the                                
teachers' and nurses' housing loan program of the Alaska Housing                                    
Finance Corporation." Signing do pass: Senator Dyson, Chair; Senator                                
Davis. Signing no recommendation: Senators Guess, Wilken.                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    

2004-05-08                     Senate Journal                      Page 3468
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 452                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
452(FIN) am "An Act relating to licensing and regulation of sport                                   
fishing operators and sport fishing guides; authorizing the Department                              
of Fish and Game and the Alaska Commercial Fisheries Entry                                          
Commission to release records and reports to the Department of                                      
Natural Resources and the Department of Public Safety; and providing                                
for an effective date" and recommended the adoption of the Resources                                
Senate Committee Substitute offered on page 3416.                                                   
                                                                                                    
Signing do pass: Senator Wilken, Cochair. Signing no                                                
recommendation: Senator Green, Cochair; Senators Dyson, Hoffman.                                    
Signing amend: Senator Olson.                                                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Fish and Game                                                     
 Fiscal Note No. 3, zero, Department of Public Safety                                               
 Fiscal Note No. 4, Department of Fish and Game                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 511                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
511(HES) am "An Act relating to the certificate of need program for                                 
health care facilities; and providing for an effective date" and                                    
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          511(FIN)                                                                                  
                                                                                                    
and further and recommended the adoption of a Senate Health,                                        
Education and Social Services Committee Letter of Intent (page 3418).                               
                                                                                                    
Signing do pass: Senator Wilken, Cochair. Signing no                                                
recommendation: Senator Green, Cochair; Senators Hoffman, Olson,                                    
Bunde, Ben Stevens. Signing amend: Senator Dyson.                                                   
                                                                                                    
The following previously published fiscal information applies:                                      

2004-05-08                     Senate Journal                      Page 3469
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
 Fiscal Note No. 2, zero, Department of Health and Social Services                                  
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 561                                                                                            
The Community and Regional Affairs Committee considered CS FOR                                      
HOUSE BILL NO. 561(FIN) "An Act providing for and relating to the                                   
issuance of general obligation bonds in a principal amount of not more                              
than $93,280,000 for the purpose of paying the cost of state                                        
transportation projects; and providing for an effective date" and                                   
recommended it be replaced with                                                                     
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          561(CRA) "An Act providing for and relating to the                                        
          issuance of general obligation bonds in a principal                                       
          amount of not more than $88,555,000 for the purpose                                       
          of paying the cost of state transportation projects; and                                  
          providing for an effective date."                                                         
                                                                                                    
Signing no recommendation: Senator Stedman, Chair. Signing do                                       
pass: Senator Gary Stevens. Signing do not pass: Senator Wagoner.                                   
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
HB 414                                                                                            
The following report was received at 2:40 p.m., May 8:                                              
                                                                 May 8, 2004                        
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE with limited powers of free                                                
conference considered 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                                
                                                                                                    

2004-05-08                     Senate Journal                      Page 3470
vacancy in the office of United States senator, and to the definition of                            
'political party'; and providing for an effective date" (technical title                            
change) and recommends                                                                              
                                                                                                    
          CONFERENCE CS FOR HOUSE BILL NO. 414                                                      
          "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."                                  
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Senator Seekins, Chair, Senators Wagoner, French;                               
Representative McGuire, Chair, Representatives Anderson, Crawford                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Office of the Governor                                                    
                                                                                                    
President Therriault stated the report will be held on the Secretary's                              
desk.                                                                                               
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 28                                                                                            
SENATE CONCURRENT RESOLUTION NO. 28 BY THE                                                          
SENATE RULES COMMITTEE,                                                                             
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 459, relating to optically                                      
          scanned and electronically generated ballots.                                             
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3471
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 10                                                                                             
CS FOR HOUSE BILL NO. 10(HES) "An Act relating to pooling by                                        
employers and self-employed individuals for purposes of group health                                
insurance; and providing for an effective date" was read the second                                 
time.                                                                                               
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Senate Committee Substitute offered on page                                 
3322. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 10(FIN) was adopted.                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 10(FIN) was read the                                            
third time.                                                                                         
                                                                                                    
Senator Green moved and asked unanimous consent to abstain from                                     
voting due to a conflict of interest. Objections were heard and Senator                             
Green was required to vote.                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 10(FIN) "An Act relating to pooling by employers and self-                                      
employed individuals for purposes of group health insurance; and                                    
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSHB 10(FIN)                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Absent:  Bunde, Lincoln                                                                             
                                                                                                    

2004-05-08                     Senate Journal                      Page 3472
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 10(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.                                                          
                                                                                                    
HB 51                                                                                             
CS FOR HOUSE BILL NO. 51(HES) "An Act requiring pharmacists                                         
to include generic drug information on containers in which brand-                                   
name prescription drug orders are dispensed" 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.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 51(HES) was read the third time.                                              
                                                                                                    
Senators Elton, French, Gary Stevens, Olson moved and asked                                         
unanimous consent to be shown as cross sponsors on the bill. Without                                
objection, it was so ordered.                                                                       
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 51(HES) "An                                        
Act requiring pharmacists to include generic drug information on                                    
containers in which brand-name prescription drug orders are                                         
dispensed" pass the Senate?" The roll was taken with the following                                  
result:                                                                                             
                                                                                                    
CSHB 51(HES)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens                                   
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Absent:  Lincoln                                                                                    
                                                                                                    
and so, CS FOR HOUSE BILL NO. 51(HES) passed the Senate.                                            

2004-05-08                     Senate Journal                      Page 3473
Senator Wagoner gave notice of reconsideration.                                                     
                                                                                                    
HB 93                                                                                             
CS FOR HOUSE BILL NO. 93(FIN) "An Act relating to boating                                           
safety, registration, and numbering; extending the sunset date of                                   
changes in ch. 28, SLA 2000; and providing for an effective date" was                               
read the second time.                                                                               
                                                                                                    
Senator Cowdery, Cochair, moved and asked unanimous consent for                                     
the adoption of the Transportation Senate Committee Substitute                                      
offered on page 2758. Without objection, SENATE CS FOR CS FOR                                       
HOUSE BILL NO. 93(TRA) 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. 93(TRA) will be on the May 9 calendar.                                                          
                                                                                                    
HB 123                                                                                            
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" was read the second time.                               
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Senate Committee Substitute offered on page                                 
3367. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 123(FIN) was adopted.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 123(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
Senators Wilken, Cowdery, Hoffman, Gary Stevens, Dyson, Seekins,                                    
Ben Stevens, Bunde, Therriault, Olson moved and asked unanimous                                     
consent to be shown as cross sponsors on the bill. Without objection, it                            
was so ordered.                                                                                     

2004-05-08                     Senate Journal                      Page 3474
The question being: "Shall SENATE CS FOR 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" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSHB 123(FIN)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  1   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Hoffman, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Green                                                                                        
                                                                                                    
Absent:  Lincoln                                                                                    
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 123(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.                                                          
                                                                                                    
HB 227                                                                                            
CS FOR HOUSE BILL NO. 227(JUD) "An Act increasing the                                               
jurisdictional limit for small claims and for magistrates from $7,500 to                            
$10,000; increasing the jurisdictional limit of district courts in certain                          
civil cases from $50,000 to $100,000; expanding the jurisdiction of                                 
district courts; limiting magistrates from hearing certain small claims                             
cases; and amending Rule 11(a)(4), Alaska District Court Rules of                                   
Civil Procedure, relating to service of process for small claims" 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.                                                                                           
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3475
President Therriault stated CS FOR HOUSE BILL NO. 227(JUD) will                                     
be on the May 9 calendar.                                                                           
                                                                                                    
HB 252                                                                                            
CS FOR HOUSE BILL NO. 252(STA) "An Act relating to the terms                                        
and duties of the members of the State Board of Registration for                                    
Architects, Engineers and Land Surveyors" 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                               
2820. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 252(JUD) "An Act relating to the terms and duties of the                                        
members of the State Board of Registration for Architects, Engineers                                
and Land Surveyors; and relating to the employment and classification                               
of an executive secretary for the board" (title change authorized by 24)                            
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. 252(JUD) will be on the May 9 calendar.                                                         
                                                                                                    
HB 273                                                                                            
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                        
273(JUD) am "An Act relating to the right of a parent to waive an                                   
unemancipated child's claim of negligence against a provider of sports                              
or recreational activities" 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                               
3324. Without objection, SENATE CS FOR CS FOR SPONSOR                                               
SUBSTITUTE FOR HOUSE BILL NO. 273(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.                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3476
President Therriault stated SENATE CS FOR CS FOR SPONSOR                                            
SUBSTITUTE FOR HOUSE BILL NO. 273(JUD) will be on the May                                           
9 calendar.                                                                                         
                                                                                                    
HB 285                                                                                            
CS FOR HOUSE BILL NO. 285(JUD) "An Act adopting the Uniform                                         
Electronic Transactions Act; repealing certain statutes relating to                                 
electronic records and electronic signatures; amending Rule 402,                                    
Alaska Rules of Evidence; 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. 285(JUD) will                                     
be on the May 9 calendar.                                                                           
                                                                                                    
HB 288                                                                                            
2d CS FOR HOUSE BILL NO. 288(RLS) "An Act changing the name                                         
of the Department of Community and Economic Development to the                                      
Department of Commerce and Community and Economic                                                   
Development" was read the second time.                                                              
                                                                                                    
Senator Gary Stevens, Chair, moved and asked unanimous consent for                                  
the adoption of the State Affairs Senate Committee Substitute offered                               
on page 2067. Without objection, SENATE CS FOR CS FOR HOUSE                                         
BILL NO. 288(STA) "An Act changing the name of the Department of                                    
Community and Economic Development to the Department of                                             
Commerce, Community, and Economic Development" (title change                                        
authorized by SCR 20) 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. 288(STA) will be on the May 9 calendar.                                                         
                                                                                                    
The presence of Senator Lincoln was noted.                                                          

2004-05-08                     Senate Journal                      Page 3477
HB 334                                                                                            
CS FOR HOUSE BILL NO. 334(RLS) "An Act relating to unlawful                                         
exploitation of a minor and to distribution of child pornography" 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.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 334(RLS) was read the third time.                                             
                                                                                                    
Senators Wilken, Olson, Ogan, French, Elton, Gary Stevens, Ellis,                                   
Therriault moved and asked unanimous consent to be shown as cross                                   
sponsors on the bill. Without objection, it was so ordered.                                         
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 334(RLS) "An                                       
Act relating to unlawful exploitation of a minor and to distribution of                             
child pornography" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
CSHB 334(RLS)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Absent:  Green, Hoffman                                                                             
                                                                                                    
and so, CS FOR HOUSE BILL NO. 334(RLS) passed the Senate, was                                       
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 366                                                                                            
CS FOR HOUSE BILL NO. 366(FIN) "An Act relating to animal                                           
classic charitable gaming; 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.                                                                                           

2004-05-08                     Senate Journal                      Page 3478
President Therriault stated CS FOR HOUSE BILL NO. 366(FIN) will                                     
be on the May 9 calendar.                                                                           
                                                                                                    
HB 51                                                                                             
Senator Lincoln moved and asked unanimous consent to be shown as a                                  
cross sponsor on CS FOR HOUSE BILL NO. 51(HES) "An Act                                              
requiring pharmacists to include generic drug information on                                        
containers in which brand-name prescription drug orders are                                         
dispensed." Without objection, it was so ordered.                                                   
                                                                                                    
HB 379                                                                                            
HOUSE BILL NO. 379 "An Act establishing an office of citizenship                                    
assistance in the Department of Labor and Workforce Development"                                    
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. 379 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 379 "An Act                                               
establishing an office of citizenship assistance in the Department of                               
Labor and Workforce Development" pass the Senate?" The roll was                                     
taken with the following result:                                                                    
                                                                                                    
HB 379                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  1   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Ogan                                                                                         
                                                                                                    
Absent:  Green, Hoffman                                                                             
                                                                                                    
Ogan changed from "Yea" to "Nay".                                                                   
                                                                                                    
and so, HOUSE BILL NO. 379 passed the Senate, was signed by the                                     
President and Secretary and returned to the House.                                                  

2004-05-08                     Senate Journal                      Page 3479
HB 417                                                                                            
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" 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. 417 was read the third time.                                                         
                                                                                                    
The question being: "Shall 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" pass                                
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
HB 417                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Ellis, Elton, French, Green, Guess,                                   
Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Absent:  Dyson, Hoffman, Ogan                                                                       
                                                                                                    
and so, HOUSE BILL NO. 417 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.                                    
                                                                                                    
Senator Dyson moved and asked unanimous consent to be shown as a                                    
cross sponsor on the bill. Without objection, it was so ordered.                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3480
HB 418                                                                                            
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" was read the second time.                                          
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Senate Committee Substitute offered on page                                 
3369. Senator Ellis objected, then withdrew his objection. There being                              
no further objection, SENATE CS FOR CS FOR HOUSE BILL NO.                                           
418(FIN) was adopted.                                                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated SENATE CS FOR CS FOR HOUSE BILL                                         
NO. 418(FIN) will be on the May 9 calendar.                                                         
                                                                                                    
HB 419                                                                                            
CS FOR HOUSE BILL NO. 419(RES) "An Act relating to regional                                         
seafood development associations and to regional seafood                                            
development taxes" was read the second time.                                                        
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Senate Committee Substitute offered on page                                 
3327. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 419(FIN) was adopted.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Elton objected.                                                                    
                                                                                                    
President Therriault stated SENATE CS FOR CS FOR HOUSE BILL                                         
NO. 419(FIN) will be on the May 9 calendar.                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3481
HB 424                                                                                            
CS FOR HOUSE BILL NO. 424(JUD) "An Act relating to review by                                        
the Legislative Affairs Agency of certain state agency regulations                                  
proposed for adoption, amendment, or repeal under the Administrative                                
Procedure Act; repealing provisions relating to annulment of                                        
regulations; and providing for an effective date" 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                                   
Elton objected.                                                                                     
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 424(JUD) will                                     
be on the May 9 calendar.                                                                           
                                                                                                    
HB 531                                                                                            
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" was read the second time.                              
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Senate Committee Substitute offered on page                                 
3370. Senator Elton objected, then withdrew his objection. There                                    
being no further objection, SENATE CS FOR CS FOR HOUSE BILL                                         
NO. 531(FIN) was adopted.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Elton objected.                                                                    
                                                                                                    
President Therriault stated SENATE CS FOR CS FOR HOUSE BILL                                         
NO. 531(FIN) will be on the May 9 calendar.                                                         
                                                                                                    
HB 533                                                                                            
CS FOR HOUSE BILL NO. 533(JUD) "An Act relating to the state's                                      
administrative procedures and to judicial oversight of administrative                               
matters" was read the second time.                                                                  
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3482
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Senate Committee Substitute offered on page                                 
3330. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 533(FIN) was adopted.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Elton objected.                                                                    
                                                                                                    
President Therriault stated SENATE CS FOR CS FOR HOUSE BILL                                         
NO. 533(FIN) will be on the May 9 calendar.                                                         
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 376                                                                                            
CS FOR SENATE BILL NO. 376(HES) "An Act relating to public                                          
assistance and subpoena powers; and relating to the permanent fund                                  
dividend and subpoena powers" was read the third time.                                              
                                                                                                    
Senator Guess called the Senate. The call was satisfied.                                            
                                                                                                    
Amendment No. 1 was not offered.                                                                    
                                                                                                    
Senator French moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 2.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator French offered Amendment No. 2:                                                             
                                                                                                    
Page 1, line 6, following "designee":                                                               
 Insert "at the director level"                                                                     
                                                                                                    
Page 2, line 8, following "designee":                                                               
 Insert "at the director level"                                                                     
                                                                                                    
Senator French moved for the adoption of Amendment No. 2. Senator                                   
Ben Stevens objected.                                                                               
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3483
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 376(HES)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Lincoln,                                 
Ogan, Olson, Seekins                                                                                
                                                                                                    
Nays:  Bunde, Cowdery, Green, Stedman, Stevens B, Stevens G,                                        
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
and so, Amendment No. 2 was adopted.                                                                
                                                                                                    
CS FOR SENATE BILL NO. 376(HES) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 376(HES)                                          
am "An Act relating to public assistance and subpoena powers; and                                   
relating to the permanent fund dividend and subpoena powers" pass                                   
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
CSSB 376(HES) am                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess,                                    
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  French                                                                                       
                                                                                                    
and so, CS FOR SENATE BILL NO. 376(HES) am passed the Senate                                        
and was referred to the Secretary for engrossment.                                                  
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 302                                                                                            
Senator Stedman requested that the reconsideration on CS FOR                                        
SENATE BILL NO. 302(FIN) be taken up. The bill was before the                                       
Senate on reconsideration.                                                                          

2004-05-08                     Senate Journal                      Page 3484
The question to be reconsidered: "Shall 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" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
CSSB 302(FIN)                                                                                       
Third Reading - On Reconsideration                                                                  
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                                                              
                                                                                                    
and so, CS FOR SENATE BILL NO. 302(FIN) passed the Senate on                                        
reconsideration.                                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
Senator Ben Stevens called the Senate. The call was satisfied.                                      
                                                                                                    
SB 395                                                                                            
Senator Ben Stevens requested that the reconsideration on CS FOR                                    
SENATE BILL NO. 395(FIN) am be taken up. The bill was before the                                    
Senate on reconsideration.                                                                          
                                                                                                    
The question to be reconsidered: "Shall 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" pass the Senate?" The roll                              
was taken with the following result:                                                                
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3485
CSSB 395(FIN) am                                                                                    
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Green, Guess, Hoffman, Ogan,                                   
Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner,                                 
Wilken                                                                                              
                                                                                                    
Nays:  Ellis, Elton, French, Lincoln                                                                
                                                                                                    
and so, CS FOR SENATE BILL NO. 395(FIN) am passed the Senate                                        
on reconsideration.                                                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 260                                                                                            
Senator Ben Stevens requested that the reconsideration on SENATE                                    
CS FOR CS FOR HOUSE BILL NO. 260(JUD) be taken up. The bill                                         
was before the Senate on reconsideration.                                                           
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR 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" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSHB 260(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                                                              
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3486
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 260(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                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 336                                                                                            
Senator Ben Stevens requested that the reconsideration on SENATE                                    
CS FOR CS FOR HOUSE BILL NO. 336(JUD)(efd fld S) be taken                                           
up. The bill was before the Senate on reconsideration.                                              
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 336(JUD) "An Act relating to motor vehicle                                           
insurance; limiting recovery of civil damages by an uninsured driver;                               
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
SCS CSHB 336(JUD)                                                                                   
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 336(JUD)                                                
passed the Senate on reconsideration.                                                               
                                                                                                    
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:                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3487
                                                                                                    
SCS CSHB 336(JUD)                                                                                   
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 and SENATE CS                                
FOR CS FOR HOUSE BILL NO. 336(JUD)(efd fld S) "An Act                                               
relating to motor vehicle insurance; and limiting recovery of civil                                 
damages by an uninsured driver" was referred to the Secretary for                                   
engrossment.                                                                                        
                                                                                                    
HB 438                                                                                            
Senator Ben Stevens requested that the reconsideration on SENATE                                    
CS FOR CS FOR HOUSE BILL NO. 438(STA) be taken up. The bill                                         
was before the Senate on reconsideration.                                                           
                                                                                                    
Senator Ben Stevens called the Senate. Senator Ben Stevens lifted the                               
call.                                                                                               
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 438(STA) "An Act relating to motorists moving                                        
over or slowing down for emergency vehicles" pass the Senate?" The                                  
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 438(STA)                                                                                   
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  15   NAYS:  0   EXCUSED:  0   ABSENT:  5                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Green, Guess, Hoffman, Ogan,                                    
Olson, Seekins, Stedman, Stevens B, Therriault, Wagoner, Wilken                                     
                                                                                                    
Absent:  Bunde, Cowdery, Dyson, Lincoln, Stevens G                                                  
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 438(STA)                                                
passed the Senate on reconsideration, and was referred to the Secretary                             
for engrossment.                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3488
                        Consideration of the Calendar                                            
                                                                                                    
                  Third Reading of Senate Bills (continued)                                      
                                                                                                    
SB 393                                                                                            
CS FOR SENATE BILL NO. 393(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 393(FIN)                                          
"An Act relating to default on tuition, fees, and other charges of the                              
University of Alaska and to claims on permanent fund dividends for                                  
tuition, fees, and other charges of the University of Alaska that are in                            
default" pass the Senate?" The roll was taken with the following result:                            
                                                                                                    
CSSB 393(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  3   EXCUSED:  0   ABSENT:  5                                                   
                                                                                                    
Yeas:  Davis, Green, Guess, Hoffman, Ogan, Olson, Seekins,                                          
Stedman, Stevens B, Therriault, Wagoner, Wilken                                                     
                                                                                                    
Nays:  Ellis, Elton, French                                                                         
                                                                                                    
Absent:  Bunde, Cowdery, Dyson, Lincoln, Stevens G                                                  
                                                                                                    
and so, CS FOR SENATE BILL NO. 393(FIN) passed the Senate and                                       
was referred to the Secretary for engrossment.                                                      
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 31                                                                                             
HOUSE BILL NO. 31 was read the third time.                                                          
                                                                                                    
Senator Guess called the Senate. The call was satisfied.                                            
                                                                                                    
The question being: "Shall HOUSE BILL NO. 31 "An Act relating to                                    
initiative and referendum petitions; and providing for an effective                                 
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3489
                                                                                                    
HB 31                                                                                               
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, Green, Guess, Ogan, Seekins,                                   
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Davis, Ellis, French, Hoffman, Lincoln, Olson                                                
                                                                                                    
and so, HOUSE BILL NO. 31 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.                                                  
                                                                                                    
Senators Wagoner, Gary Stevens, Green, Ogan moved and asked                                         
unanimous consent to be shown as cross sponsors on the bill. Without                                
objection, it was so ordered.                                                                       
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 272                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 272(L&C) "An Act                                                
relating to the advertising of motor vehicles, including trailers, for sale                         
by motor vehicle dealers; relating to the financing of motor vehicle                                
purchases; relating to motor vehicle sales contracts; relating to the                               
disclosures required to be made by motor vehicle dealers when selling                               
motor vehicles, including trailers, or when their service employees                                 
work on commission; relating to a motor vehicle dealer's selling as a                               
new or current model vehicle, a motor vehicle required to be registered                             
under AS 28.10; relating to a motor vehicle dealer's advertising an                                 
offer for the sale, lease, or purchase of a motor vehicle, including a                              
trailer; relating  to a motor vehicle dealer's conditioning the sale and                            
delivery of a motor vehicle, including a trailer, on the buyer's purchase                           
of other items; and relating to the return of a buyer's trade-in by a                               
motor vehicle dealer" was read the third time.                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3490
Senator Elton 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 Elton offered Amendment No. 1:                                                              
                                                                                                    
Page 6, line 2:                                                                                     
 Change "may" to "shall" and after "a" insert "conspicuous"                                         
                                                                                                    
Senator Elton moved for the adoption of Amendment No. 1. Senator                                    
Ben Stevens objected, then withdrew his objection. There being no                                   
further objection, Amendment No. 1 was adopted.                                                     
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 272(L&C) am S was                                               
automatically in third reading.                                                                     
                                                                                                    
Senator Seekins moved and asked unanimous consent to abstain from                                   
voting due to a conflict of interest. Objections were heard and Senator                             
Seekins was required to vote.                                                                       
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 272(L&C) am S "An Act relating to the advertising of motor                                      
vehicles, including trailers, for sale by motor vehicle dealers; relating                           
to the financing of motor vehicle purchases; relating to motor vehicle                              
sales contracts; relating to the disclosures required to be made by                                 
motor vehicle dealers when selling motor vehicles, including trailers,                              
or when their service employees work on commission; relating to a                                   
motor vehicle dealer's selling as a new or current model vehicle, a                                 
motor vehicle required to be registered under AS 28.10; relating to a                               
motor vehicle dealer's advertising an offer for the sale, lease, or                                 
purchase of a motor vehicle, including a trailer; relating  to a motor                              
vehicle dealer's conditioning the sale and delivery of a motor vehicle,                             
including a trailer, on the buyer's purchase of other items; and relating                           
to the return of a buyer's trade-in by a motor vehicle dealer" pass the                             
Senate?" The roll was taken with the following result:                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3491
                                                                                                    
SCS CSHB 272(L&C) am S                                                                              
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, SENATE CS FOR CS FOR HOUSE BILL NO. 272(L&C) am                                             
S passed the Senate.                                                                                
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 351                                                                                            
CS FOR HOUSE BILL NO. 351(JUD) was read the third time.                                             
                                                                                                    
Senator French declared a conflict of interest.                                                     
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 351(JUD) "An                                       
Act relating to the devices, including carbon monoxide detection                                    
devices, required in dwellings; and providing for an effective date"                                
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSHB 351(JUD)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Hoffman, Lincoln, Stedman, Stevens B, Stevens G, Wagoner                                            
                                                                                                    
Nays:  Green, Ogan, Olson, Seekins, Therriault, Wilken                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 351(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 and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3492
HB 467                                                                                            
CS FOR HOUSE BILL NO. 467(FIN) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 467(FIN) "An                                       
Act establishing an Alaska Commemorative Coin Commission to                                         
develop the design concepts and to make recommendations regarding                                   
the final design of the Alaska quarter under the 50 States                                          
Commemorative Coin Program Act; and providing for an effective                                      
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
CSHB 467(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Elton, French, Green, Guess, Hoffman,                                        
Stedman, Stevens B, Stevens G, Wagoner, Wilken                                                      
                                                                                                    
Nays:  Bunde, Dyson, Ellis, Lincoln, Ogan, Olson, Seekins, Therriault                               
                                                                                                    
and so, CS FOR HOUSE BILL NO. 467(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:                                                           
                                                                                                    
CSHB 467(FIN)                                                                                       
Effective Date Clause                                                                               
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Stevens B,                                        
Stevens G, Wagoner, Wilken                                                                          
                                                                                                    
Nays:  Ogan, Therriault                                                                             
                                                                                                    
and so, the effective date clause was adopted.                                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
House Letter of Intent (House Journal page 3050) be adopted as a                                    
Senate Letter of Intent. Without objection, the Legislative Letter of                               
Intent was adopted.                                                                                 

2004-05-08                     Senate Journal                      Page 3493
Senator Wilken gave notice of reconsideration.                                                      
                                                                                                    
HB 476                                                                                            
CS FOR HOUSE BILL NO. 476(STA) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 476(STA)                                           
"An Act establishing the Alaska Statehood Celebration Commission;                                   
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
CSHB 476(STA)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Seekins, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Ogan, Olson, Stedman                                                                         
                                                                                                    
and so, CS FOR HOUSE BILL NO. 476(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.                                                  
                                                                                                    
Senator Wilken gave notice of reconsideration.                                                      
                                                                                                    
                     Second Reading of House Resolutions                                         
                                                                                                    
HJR 44                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 44(RES) am Relating to                                            
research into the decline of the Southwest Alaska population of the                                 
Northern Sea Otter in the western Gulf of Alaska, 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.                                
Without objection, it was so ordered.                                                               
                                                                                                    

2004-05-08                     Senate Journal                      Page 3494
CS FOR HOUSE JOINT RESOLUTION NO. 44(RES) am was read                                               
the third time.                                                                                     
                                                                                                    
The question being: "Shall CS FOR HOUSE JOINT RESOLUTION                                            
NO. 44(RES) am Relating to research into the decline of the                                         
Southwest Alaska population of the Northern Sea Otter in the western                                
Gulf of Alaska, pass the Senate?" The roll was taken with the                                       
following result:                                                                                   
                                                                                                    
CSHJR 44(RES) am                                                                                    
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 JOINT RESOLUTION NO. 44(RES) am                                                
passed the Senate, was signed by the President and Secretary and                                    
returned to the House.                                                                              
                                                                                                    
                      Third Reading of House Resolutions                                         
                                                                                                    
HJR 5                                                                                             
HOUSE JOINT RESOLUTION NO. 5 was read the third time.                                               
                                                                                                    
The question being: "Shall HOUSE JOINT RESOLUTION NO. 5                                             
Proposing an amendment to the Constitution of the State of Alaska                                   
relating to initiative and referendum petitions, pass the Senate?" The                              
roll was taken with the following result:                                                           
                                                                                                    
HJR 5                                                                                               
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, Green, Guess, Hoffman,                                         
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Davis, Ellis, French                                                                         
                                                                                                    

2004-05-08                     Senate Journal                      Page 3495
and so, HOUSE JOINT RESOLUTION NO. 5 passed the Senate.                                             
                                                                                                    
Senators Ogan, Green, Gary Stevens, Wagoner, Seekins, Therriault                                    
moved and asked unanimous consent to be shown as cross sponsors on                                  
the resolution. Without objection, it was so ordered.                                               
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HJR 48                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 48(RLS) was read the                                              
third time.                                                                                         
                                                                                                    
The question being: "Shall CS FOR HOUSE JOINT RESOLUTION                                            
NO. 48(RLS) Sending a message of goodwill to President Chen Shui-                                   
bian and to the people of Taiwan, and reaffirming the Alaska State                                  
Legislature's 2003 resolution urging the United States Congress to                                  
support the granting of official Observer Status to the Republic of                                 
China on Taiwan and to support negotiation of a free trade agreement                                
with the Republic of China on Taiwan, pass the Senate?" The roll was                                
taken with the following result:                                                                    
                                                                                                    
CSHJR 48(RLS)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens G,                                  
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Stevens B                                                                                    
                                                                                                    
and so, CS FOR HOUSE JOINT RESOLUTION NO. 48(RLS) passed                                            
the Senate.                                                                                         
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Mike's Place                                                                             
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
Representative(s) Weyhrauch, Kerttula                                                               

2004-05-08                     Senate Journal                      Page 3496
Honoring - Luke Hopkins for 30 Years of Service to UAF                                              
Representative(s) Guttenberg                                                                        
Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                
Elton, Green, Guess, Hoffman, Lincoln, Olson, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
                                                 th                                                 
Honoring - Senator E.L. Bob Bartlett's 100 Birthday Anniversary                                     
Representative(s) Berkowitz                                                                         
Senator(s) French, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - Verdie A. Bowen                                                                          
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - Kelly Marre 2003 Greater Wasilla Chamber of Commerce                                     
Citizen of the Year                                                                                 
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - Judy Youngquist, 2003 Greater Wasilla Chamber of                                         
Commerce Educator of the Year                                                                       
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - 2003 Colony High School Girls Soccer Team, Region III                                    
Champions                                                                                           
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3497
Honoring - 2003 Colony High School Boys Soccer Team, Region III                                     
Champions                                                                                           
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - Howdie, Incorporated, 2003 Greater Wasilla Chamber of                                    
Commerce Business of the Year                                                                       
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
In Memoriam - Weston O. Van Loon                                                                    
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
In Memoriam - Paul E. Nichols                                                                       
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
In Memoriam - James "Jim" Hermon                                                                    
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
In Memoriam - Rose Eda Seller Palmquist                                                             
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Ellis,                                   
Dyson, Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman,                                     
Ben Stevens, Gary Stevens, Wagoner, Wilken                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3498
In Memoriam - Robert W. "Bob" Pippel                                                                
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
In Memoriam - Elsie May Philo                                                                       
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
In Memoriam - Tracy L. Shelden                                                                      
Representative(s) Kohring, Harris, Masek, Stoltze                                                   
Senator(s) Green, Ogan, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 381                                                                                            
Senator Seekins, Chair, moved and asked unanimous consent that the                                  
Judiciary Committee referral be waived on CS FOR HOUSE BILL                                         
NO. 381(RLS) "An Act relating to child endangerment." Without                                       
objection, the bill was referred to the Rules Committee.                                            
                                                                                                    
HB 430                                                                                            
Senator Wilken, Cochair, moved and asked unanimous consent that                                     
the Finance Committee referral be waived on HOUSE BILL NO. 430                                      
"An Act relating to employees under 21 years of age in the premises of                              
hotels, restaurants, and eating places that are licensed to sell, serve,                            
deliver, or dispense alcoholic beverages." Without objection, the bill                              
was referred to the Rules Committee.                                                                
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3499
HB 503                                                                                            
Senator Wilken, Cochair, moved and asked unanimous consent that                                     
the Finance Committee referral be waived on HOUSE BILL NO. 503                                      
"An Act relating to the tobacco product Master Settlement Agreement;                                
and providing for an effective date." Without objection, the bill was                               
referred to the Rules Committee.                                                                    
                                                                                                    
HJR 26                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
reconsideration on CS FOR HOUSE JOINT RESOLUTION NO.                                                
26(FIN) am S(fld S) Proposing amendments to the Constitution of the                                 
State of Alaska relating to the Alaska permanent fund, establishing the                             
earnings account, and permitting deposits to the principal of the                                   
permanent fund; and providing for an effective date for the                                         
amendments, be held to the next legislative day. Without objection, it                              
was so ordered.                                                                                     
                                                                                                    
SB 366                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
reconsideration on CS FOR SENATE BILL NO. 366(FIN)(fld S) "An                                       
Act relating to the levy and collection of sales and use taxes, and to the                          
levy, collection, and expenditure of municipal taxes; and providing for                             
an effective date" be held to the next legislative day. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    
HB 56                                                                                             
Senator Dyson moved and asked unanimous consent to be shown as a                                    
cross sponsor on CS FOR HOUSE BILL NO. 56(L&C) "An Act                                              
relating to the award to the state of actual reasonable attorney fees and                           
costs, including costs of investigation, in certain court actions relating                          
to unfair trade practices; and amending Rules 54(d), 79, and 82,                                    
Alaska Rules of Civil Procedure." Without objection, it was so                                      
ordered.                                                                                            
                                                                                                    
SB 308                                                                                            
Senator Dyson moved and asked unanimous consent to be shown as a                                    
cosponsor on SENATE BILL NO. 308 "An Act increasing the                                             
duration of certain provisions of domestic violence protective orders                               
from six months to one year." Without objection, it was so ordered.                                 
                                                                                                    

2004-05-08                     Senate Journal                      Page 3500
Senator French moved and asked unanimous consent to be excused                                      
from the Senate, not subject to a call, from May 25 through May 31.                                 
Senator Ben Stevens objected. Senator French withdrew his motion.                                   
                                                                                                    
HB 484                                                                                            
The reconsideration on 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 not taken                             
up this legislative day and the bill was signed by the President and                                
Secretary and returned to the House.                                                                
                                                                                                    
HB 539                                                                                            
The reconsideration on 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                                  
not taken up this legislative day and the bill was signed by the                                    
President and Secretary and returned to the House.                                                  
                                                                                                    
HB 556                                                                                            
The reconsideration on 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 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.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3501
                                 Engrossment                                                     
                                                                                                    
SB 302                                                                                            
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 engrossed, signed by                               
the President and Secretary and transmitted to the House for                                        
consideration.                                                                                      
                                                                                                    
SB 376                                                                                            
CS FOR SENATE BILL NO. 376(HES) am "An Act relating to public                                       
assistance and subpoena powers; and relating to the permanent fund                                  
dividend and subpoena powers" was engrossed, signed by the                                          
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
SB 393                                                                                            
CS FOR SENATE BILL NO. 393(FIN) "An Act relating to default on                                      
tuition, fees, and other charges of the University of Alaska and to                                 
claims on permanent fund dividends for tuition, fees, and other                                     
charges of the University of Alaska that are in default" was engrossed,                             
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
SB 395                                                                                            
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" was                                 
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3502
HB 10                                                                                             
SENATE CS FOR CS FOR HOUSE BILL NO. 10(FIN) "An Act                                                 
relating to pooling by employers and self-employed individuals for                                  
purposes of group health insurance; and providing for an effective                                  
date" was engrossed, signed by the President and Secretary and                                      
returned to the House for consideration.                                                            
                                                                                                    
HB 123                                                                                            
SENATE CS FOR 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" was                                
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
HB 260                                                                                            
SENATE CS FOR 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                                     
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
HB 336                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 336(JUD)(efd fld S)                                             
"An Act relating to motor vehicle insurance; and limiting recovery of                               
civil damages by an uninsured driver" was engrossed, signed by the                                  
President and Secretary and returned to the House for consideration.                                
                                                                                                    
HB 438                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 438(STA) "An Act                                                
relating to motorists moving over or slowing down for emergency                                     
vehicles" was engrossed, signed by the President and Secretary and                                  
returned to the House for consideration.                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3503
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 1:00 p.m., May 9, 2004. Without                                   
objection, the Senate adjourned at 6:06 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2004                        

2004-05-08                     Senate Journal                      Page 3504
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 08        Saturday                  Senate Finance 532            9:00 AM                     
              -- Time Change --                                                                     
+= 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                                                  
+ HB 452 GUIDED SPORT FISHING/ ADFG & CFEC RECORDS                                                  
+= HCR 32 AK INFO INFRASTRUCTURE POLICY TASK FORCE                                                  
+= HB 511 CERTIFICATE OF NEED PROGRAM                                                               
+ HB  91 RETIRED PEACE OFFICER'S MEDICAL BENEFITS                                                   
              <Invited testimony Only on HB 511>                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 08        Saturday                  Senate Finance 532          10:00 AM                      
+ HB 534 MAKE OFFICE OF VICTIMS RIGHTS PERMANENT                                                    
              <Bill Hearing Postponed to 5/9/04>                                                    
+ HB 275 ANIMALS AND CRUELTY TO ANIMALS                                                             
              <Bill Hearing Postponed to 5/9/04>                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-08                     Senate Journal                      Page 3505
                             FINANCE (continued)                                                 
                                                                                                    
May 09        Sunday                    Senate Finance 532           12:00 PM                     
+= HB 422 BUDGET RESERVE FUND INVESTMENT                                                            
+= HCR 32 AK INFO INFRASTRUCTURE POLICY TASK FORCE                                                  
+ SB 396 INTERIOR RIVERS PORT AUTHORITY                                                             
+= HB 275 ANIMALS AND CRUELTY TO ANIMALS                                                            
+ HB 295 REGULATIONS: NOTICE AND DISTRIBUTION                                                       
+ HB 495 4 DAM POOL JOINT ACTION AGENCY                                                             
+= HB 534 MAKE OFFICE OF VICTIMS RIGHTS PERMANENT                                                   
+ HB 536 PFUND APPLICATION DEADLINES: MILITARY                                                      
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 10        Monday                    Senate Finance 532            9:00 AM                     
+= HB 341 DIVE FISHERY MANAGEMENT ASSESSMENT                                                        
+ HB 319 REC.CABIN SITES/ LOTTERY SALE/RTS. RESERV                                                  
+ HB 338 ATTENDANCE AT PUBLIC SCHOOL                                                                
+ HB 461 EMERGENCY SERVICES DISPATCH/911 SURCHARGE                                                  
              <Pending Referral>                                                                    
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 10        Monday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 12        Wednesday                       Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 14        Friday                          Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 08        Saturday                        Butrovich 205           9:00 AM                     
              -- Recessed to Call of Chair --                                                       
+ HB 563 LEGISLATIVE PROCEDURE & ETHICS GUIDELINES                                                  
              <Pending Referral>                                                                    
+= SB 397 LEGISLATIVE PROCEDURE & ETHICS GUIDELINES                                                 
+             Bills Previously Heard/Scheduled                                                      

2004-05-08                     Senate Journal                      Page 3506
                            JUDICIARY (continued)                                                
                                                                                                    
May 09        Sunday                          Butrovich 205         10:00 AM                      
+= HB 563 LEGISLATIVE PROCEDURE & ETHICS GUIDELINES                                                 
              <Pending Referral>                                                                    
+= HB 503 TOBACCO MASTER SETTLEMENT AGREEMENT                                                       
              <Above Bill Hearing Canceled>                                                         
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
May 08        Saturday                     Fahrenkamp 203           10:00 AM                      
+ HB 255 WAGE AND HOUR ACT                                                                          
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                   CONFERENCE COMMITTEE FOR HOUSE BILL 414                                       
                                                                                                    
May 08        Saturday                           Capitol 120          8:30 AM                     
= HB 414 U.S.SENATE VACANCY/DEF OF POLITICAL PARTY                                                  
                   ----------------------------------------                                        
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 283                                           
                                                                                                    
May 09        Sunday                    Senate Finance 532            4:00 PM                     
= SB 283 APPROP:  EDUC/CBR/COURTS/GRANTS/PCE                                                        
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
May 10        Monday                       House Chamber              3:00 PM                     
              Governor's Appointees