Legislature(2003 - 2004)

2004-05-11 Senate Journal

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2004-05-11                     Senate Journal                      Page 3639
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                               Tuesday                              May 11, 2004    
                                                                                                    
                         One Hundred Twenty-first Day                                            
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 2:50 p.m.                                                                             
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Senator Lincoln. Senator                                    
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
         Great Creator, You have made us and not we ourselves.                                      
         You provided special people in our lives, as gifts, who                                    
         helped to form, shape, and encourage us. You have                                          
         made each of us unique, special, and diverse. Daily                                        
         You renew us with the gift of life. Thank You for that                                     
         gift today.                                                                                
                                                                                                    
         We offer to You the broad diversity among us: different                                    
         backgrounds, different experiences, different                                              
         perspectives, differing political views, and differing                                     
         life-styles. Use our differences, not as wedges to divide                                  
         or degrade, but as gifts to broaden and enrich.                                            
                                                                                                    
         Make our diversity like bonding glue, uniting us to                                        
         effectively lead our great state amidst the challenges                                     
         and opportunities as we head our separate ways. Give                                       
         us that unquestionable integrity of heart and mind. Give                                   
         us patience and understanding as we finish this twenty-                                    
         third session today!                                                                       
                                                                                                    
         Watch over all who are traveling, to reach home safely.                                    
         All of this we ask in the name of the Great Creator                                        
         above.                                                                    Amen.            

2004-05-11                     Senate Journal                      Page 3640
Senator Davis led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
HB 347                                                                                            
Message dated May 7 and received May 10 was read, stating the                                       
Governor signed the following bill and transmitted the engrossed and                                
enrolled copies to the Lieutenant Governor's Office for permanent                                   
filing:                                                                                             
                                                                                                    
            HOUSE BILL NO. 347 "An Act exempting taxicabs                                           
            from the passenger vehicle rental tax; and providing                                    
            for an effective date."                                                                 
                                                                                                    
                             Chapter 29, SLA 2004                                                  
                            Effective Date: 5/08/04                                                
                                                                                                    
                                                                                                    
                            Messages from the House                                              
                                                                                                    
SB 30                                                                                             
Message dated May 10 was received stating the House has failed to                                   
recede from its amendment to CS FOR SENATE BILL NO. 30(JUD)                                         
am "An Act relating to information and services available to pregnant                               
women and other persons; and ensuring informed consent before an                                    
abortion may be performed, except in cases of medical emergency"                                    
namely:                                                                                             
                                                                                                    
            HOUSE CS FOR CS FOR SENATE BILL NO.                                                     
            30(JUD) "An Act relating to information and services                                    
            available to pregnant women and other persons;                                          
            ensuring informed consent before an abortion may be                                     
            performed; and providing exceptions to informed                                         
            consent in certain cases."                                                              
                                                                                                    
The Speaker has appointed the following members to a Conference                                     
Committee to meet with the like committee from the Senate to                                        
consider the bills:                                                                                 
                                                                                                    

2004-05-11                     Senate Journal                      Page 3641
 Representative Dahlstrom, Chair                                                                    
 Representative Coghill                                                                             
 Representative Cissna                                                                              
                                                                                                    
Senate members appointed May 9:                                                                     
                                                                                                    
 Senator Dyson, Chair                                                                               
 Senator Seekins                                                                                    
 Senator Lincoln                                                                                    
                                                                                                    
SB 279                                                                                            
Message dated May 10 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    
            CS FOR SENATE BILL NO. 279(FIN) "An Act                                                 
            authorizing and relating to the issuance of bonds by                                    
            the Alaska Housing Finance Corporation for safe and                                     
            clean water and hygienic sewage disposal facility                                       
            capital projects and other capital projects; providing                                  
            for the repayment of the bonds and bond costs;                                          
            relating to the dividend paid to the state by the                                       
            Alaska Housing Finance Corporation; and providing                                       
            for an effective date."                                                                 
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 285                                                                                            
Message dated May 11 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    
            SENATE BILL NO. 285 "An Act relating to medical                                         
            assistance coverage for targeted case management                                        
            services and for rehabilitative services furnished or                                   
            paid for by a school district on behalf of certain                                      
            children; and providing for an effective date."                                         
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 326                                                                                            
Message dated May 10 was received, stating the House passed and                                     
returned:                                                                                           

2004-05-11                     Senate Journal                      Page 3642
            CS FOR SENATE BILL NO. 326(STA) "An Act                                                 
            relating to investments of Alaska permanent fund                                        
            assets; and providing for an effective date."                                           
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 379                                                                                            
Message dated May 10 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    
            CS FOR SENATE BILL NO. 379(FIN) "An Act                                                 
            providing that public members of the Board of                                           
            Trustees of the Alaska Permanent Fund Corporation                                       
            may be removed only for cause; and providing for an                                     
            effective date."                                                                        
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 387                                                                                            
Message dated May 10 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    
            SENATE BILL NO. 387 am "An Act authorizing the                                          
            making of certain commercial fishing loans to                                           
            eligible community quota entities for the purchase of                                   
            certain fishing quota shares; and providing for an                                      
            effective date."                                                                        
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 389                                                                                            
Message dated May 10 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    
            SENATE BILL NO. 389 "An Act relating to the                                             
            conversion of certain corporations to limited liability                                 
            companies; and providing for an effective date."                                        
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    

2004-05-11                     Senate Journal                      Page 3643
SB 395                                                                                            
Message dated May 10 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    
         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."                                                          
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SJR 33                                                                                            
Message dated May 10 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    
            CS FOR SENATE JOINT RESOLUTION NO.                                                      
            33(STA) Urging our United States Senators to work                                       
            to allow a timely vote on the floor on all judicial                                     
            nominations.                                                                            
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
HCR 38                                                                                            
Message dated May 11 was received, stating the House passed and                                     
transmitted for consideration:                                                                      
                                                                                                    
HOUSE CONCURRENT RESOLUTION NO. 38 Suspending Rules                                                 
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning Senate Bill No. 337, relating to the powers of                              
the Alaska Energy Authority to make grants and loans, to enter into                                 
contracts, and to improve, equip, operate, and maintain bulk fuel,                                  
waste energy, energy conservation, energy efficiency, and alternative                               
energy facilities and equipment; relating to the bulk fuel revolving                                
loan fund; relating to the Alaska Energy Authority's liability for the                              
provision of technical assistance to rural utilities; relating to the                               
Alaska Energy Authority's investment of the power development fund;                                 
and repealing the electrical service extension fund.                                                

2004-05-11                     Senate Journal                      Page 3644
                                Concur Messages                                                  
                                                                                                    
SB 65                                                                                             
Message dated May 10 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 65(FIN) am                                        
"An Act relating to the qualifications of correctional officers, parole                             
officers, and probation officers; authorizing the Department of                                     
Corrections to enter into lease-purchase agreements with                                            
municipalities for new or expanded public correctional facilities in the                            
Fairbanks North Star Borough, the Matanuska-Susitna Borough,                                        
Bethel, the Municipality of Anchorage, and the City of Seward;                                      
relating to the development and financing of privately operated                                     
correctional facility space and services; authorizing the Department of                             
Corrections to enter into a lease-purchase agreement with the City of                               
Whittier for the confinement and care of prisoners in privately                                     
operated correctional facility space if the state cannot provide the same                           
level of services required in state law or regulation for the same or less                          
cost; giving notice of and approving, and authorizing the entry into                                
and issuance of certificates of participation for, the upgrade,                                     
expansion, and replacement of certain jails in Dillingham and Kodiak;                               
and providing for an effective date" with the following amendment:                                  
                                                                                                    
                      HOUSE CS FOR CS FOR SENATE BILL NO.                                          
            65(FIN)                                                                                 
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 65(FIN)                                                                                    
Shall the Senate Concur in the House                                                                
Amendment to CSSB 65(FIN) am? 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                                                              
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3645
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 65(FIN) "An Act                                                 
relating to the qualifications of correctional officers, parole officers,                           
and probation officers; authorizing the Department of Corrections to                                
enter into lease- purchase agreements with municipalities for new or                                
expanded public correctional facilities in the Fairbanks North Star                                 
Borough, the Matanuska-Susitna Borough, Bethel, the Municipality of                                 
Anchorage, and the City of Seward; relating to the development and                                  
financing of privately operated correctional facility space and services;                           
authorizing the Department of Corrections to enter into a lease-                                    
purchase agreement with the City of Whittier for the confinement and                                
care of prisoners in privately operated correctional facility space if the                          
state cannot provide the same level of services required in state law or                            
regulation for the same or less cost; giving notice of and approving,                               
and authorizing the entry into and issuance of certificates of                                      
participation for, the upgrade, expansion, and replacement of certain                               
jails in Dillingham and Kodiak; and providing for an effective date."                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on concurrence be considered the vote on the effective date                                    
clause. Without objection, it was so ordered.                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 170                                                                                            
Message dated May 10 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 170(JUD)                                          
"An Act relating to murder in the second degree, the justification of                               
defense of self or others, immunity from prosecution, sentencing,                                   
probation, discretionary parole, and the right to representation in                                 
certain criminal proceedings; relating to violation of a custodian's                                
duty; relating to sexual abuse of a minor; relating to release of                                   
information concerning certain cases involving a minor; relating to                                 
local options regarding alcoholic beverages, the offense of furnishing                              
or delivery of alcoholic beverages to a person under 21 years of age,                               
and forfeiture of property used in, and money or other items of value                               
used in financial transactions derived from, violation of certain laws                              
relating to alcoholic beverages; relating to assault by means of a                                  

2004-05-11                     Senate Journal                      Page 3646
dangerous instrument; relating to operating or driving a motor vehicle,                             
aircraft, or watercraft while under the influence of an alcoholic                                   
beverage, inhalant, or controlled substance, to the refusal to submit to                            
a chemical test, and to the presumptions concerning the chemical                                    
analysis of breath or blood; and providing for an effective date" with                              
the following amendments:                                                                           
                                                                                                    
      HOUSE CS FOR CS FOR SENATE BILL NO. 170(FIN) am                                               
      H "An Act relating to the justification of defense of self or                                 
      others, immunity from prosecution, probation, discretionary                                   
      parole, and the right to representation in certain criminal                                   
      proceedings; relating to violation of a custodian's duty;                                     
      relating to sexual abuse of a minor; relating to release of                                   
      information concerning certain cases involving a minor;                                       
      relating to local options regarding alcoholic beverages, the                                  
      offense of furnishing or delivery of alcoholic beverages to a                                 
      person under 21 years of age, and forfeiture of property used                                 
      in, and money or other items of value used in financial                                       
      transactions derived from, violation of certain laws relating to                              
      alcoholic beverages; relating to assault by means of a                                        
      dangerous instrument; relating to operating or driving a motor                                
      vehicle, aircraft, or watercraft while under the influence of an                              
      alcoholic beverage, inhalant, or controlled substance, to the                                 
      refusal to submit to a chemical test, and to the presumptions                                 
      concerning the chemical analysis of breath or blood;                                          
      increasing the duration of certain provisions of domestic                                     
      violence protective orders from six months to one year; and                                   
      providing for an effective date." (Title change authorized by                                 
      HOUSE CONCURRENT RESOLUTION NO. 40)                                                           
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3647
HCS CSSB 170(FIN) am H                                                                              
Shall the Senate Concur in the House                                                                
Amendments to CSSB 170(JUD)? Effective Date                                                         
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR CS FOR SENATE BILL NO. 170(FIN) am H.                                                  
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on concurrence be considered the vote on the effective date                                    
clause. Without objection, it was so ordered.                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 190                                                                                            
Message dated May 9 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 190(STA) "An Act                                           
adding certain state-owned land and water to the Kenai River Special                                
Management Area; relating to the mineral estate of the state-owned                                  
land and water in the Kenai River Special Management Area; relating                                 
to the Kenai River Special Management Area advisory board; and                                      
providing for an effective date" with the following amendment:                                      
                                                                                                    
                      HOUSE CS FOR CS FOR SENATE BILL NO.                                          
            190(RLS)                                                                                
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3648
HCS CSSB 190(RLS)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 190(STA)? Effective Date                                                          
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 190(RLS) "An Act                                                
adding certain state-owned land and water to the Kenai River Special                                
Management Area; relating to the mineral estate of the state-owned                                  
land and water in the Kenai River Special Management Area; relating                                 
to the Kenai River Special Management Area advisory board; and                                      
providing for an effective date."                                                                   
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on concurrence be considered the vote on the effective date                                    
clause. Without objection, it was so ordered.                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 260                                                                                            
Senator Ben Stevens moved and asked unanimous consent to take up                                    
the concur message dated May 10, stating the House passed and                                       
returned for consideration CS FOR SENATE BILL NO. 260(TRA) am                                       
"An Act relating to metropolitan planning organizations and to the                                  
policy board of the metropolitan planning organization for the                                      
Anchorage metropolitan area; relating to transportation planning in                                 
federally recognized metropolitan planning areas; and providing for an                              
effective date" with the following amendment:                                                       
                                                                                                    
                      HOUSE CS FOR CS FOR SENATE BILL NO.                                          
            260(TRA)                                                                                
                                                                                                    
Without objection, it was so ordered.                                                               
                                                                                                    

2004-05-11                     Senate Journal                      Page 3649
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
Senator Seekins called the Senate. Senator Seekins lifted the call.                                 
                                                                                                    
Senator Ben Stevens withdrew his motion to take up the concur                                       
message at this time.                                                                               
                                                                                                    
                                                                                                    
                               House Resolutions                                                 
                                                                                                    
HCR 40                                                                                            
Senator Ben Stevens moved and asked unanimous consent to bring up                                   
HOUSE CONCURRENT RESOLUTION NO. 40 BY THE HOUSE                                                     
FINANCE COMMITTEE Suspending Rules 24(c), 35, 41(b), and                                            
42(e), Uniform Rules of the Alaska State Legislature, concerning                                    
Senate Bill No. 170, relating to criminal law. Without objection, it was                            
so ordered.                                                                                         
                                                                                                    
HOUSE CONCURRENT RESOLUTION NO. 40 was read the first                                               
time and was before the Senate on final passage.                                                    
                                                                                                    
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 40 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning Senate Bill No. 170,                                    
relating to criminal law, pass the Senate?" The roll was taken with the                             
following result:                                                                                   
                                                                                                    
HCR 40                                                                                              
Final Passage                                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Stevens B,                                        
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Absent:  Ogan                                                                                       
                                                                                                    
and so, HOUSE CONCURRENT RESOLUTION NO. 40 passed the                                               
Senate, was signed by the President and Secretary and returned to the                               
House.                                                                                              
                                                                                                    

2004-05-11                     Senate Journal                      Page 3650
Senator Ben Stevens called the Senate. The call was satisfied.                                      
                                                                                                    
                                Concur Messages                                                  
                                                                                                    
SB 260                                                                                            
Senator Ben Stevens moved and asked unanimous consent to take up                                    
the concur message dated May 10, stating the House passed and                                       
returned for consideration CS FOR SENATE BILL NO. 260(TRA) am                                       
"An Act relating to metropolitan planning organizations and to the                                  
policy board of the metropolitan planning organization for the                                      
Anchorage metropolitan area; relating to transportation planning in                                 
federally recognized metropolitan planning areas; and providing for an                              
effective date" with the following amendment:                                                       
                                                                                                    
                      HOUSE CS FOR CS FOR SENATE BILL NO.                                          
            260(TRA)                                                                                
                                                                                                    
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 260(TRA)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 260(TRA) am?                                                                      
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B,                                    
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Bunde, Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln,                                 
Olson                                                                                               
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 260(TRA) "An Act                                                
relating to metropolitan planning organizations and to the policy board                             
of the metropolitan planning organization for the Anchorage                                         
metropolitan area; relating to transportation planning in federally                                 
recognized metropolitan planning areas; and providing for an effective                              
date."                                                                                              

2004-05-11                     Senate Journal                      Page 3651
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses. The question being: "Shall the effective date clauses be                                   
adopted?" The roll was taken with the following result:                                             
                                                                                                    
HCS CSSB 260(TRA)                                                                                   
Effective Date Clauses                                                                              
                                                                                                    
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, the effective date clauses were adopted.                                                    
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 272                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
concur message on CS FOR SENATE BILL NO. 272(FIN) am H "An                                          
Act relating to certain monetary advances in which the deposit or other                             
negotiation of checks to pay the advances is delayed until a later date;                            
and providing for an effective date" which had been held on the                                     
Secretary's desk (page 3573) be taken up at this time. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
CSSB 272(FIN) am H                                                                                  
Shall the Senate Concur in the House                                                                
Amendment to CSSB 272(FIN)?                                                                         
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Green, Ogan, Seekins,                                          
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                         
                                                                                                    

2004-05-11                     Senate Journal                      Page 3652
and so, the Senate concurred in the House amendment, thus adopting                                  
CS FOR SENATE BILL NO. 272(FIN) am H "An Act relating to                                            
certain monetary advances in which the deposit or other negotiation of                              
checks to pay the advances is delayed until a later date; and providing                             
for an effective date."                                                                             
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clauses. The question being: "Shall the effective date clauses be                                   
adopted?" The roll was taken with the following result:                                             
                                                                                                    
CSSB 272(FIN) am H                                                                                  
Effective Date Clauses                                                                              
                                                                                                    
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, the effective date clauses were adopted.                                                    
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 284                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
concur message on HOUSE CS FOR CS FOR SENATE BILL NO.                                               
284(JUD) "An Act making information on a permanent fund dividend                                    
application, other than the applicant's name, confidential, and relating                            
to disclosure of that confidential information; and relating to                                     
confidential information in voter registration records" which had been                              
held on the Secretary's desk (page 3574) be taken up at this time.                                  
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    

2004-05-11                     Senate Journal                      Page 3653
HCS CSSB 284(JUD)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 284(FIN) am?                                                                      
                                                                                                    
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, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 284(JUD) "An Act                                                
making information on a permanent fund dividend application, other                                  
than the applicant's name, confidential, and relating to disclosure of                              
that confidential information; and relating to confidential information                             
in voter registration records."                                                                     
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 306                                                                                            
Senator Ben Stevens moved and asked unanimous consent to take up                                    
the concur message dated May 11, stating the House passed and                                       
returned for consideration CS FOR SENATE BILL NO. 306(FIN) am                                       
"An Act relating to the practice of naturopathic medicine; and                                      
providing for an effective date" with the following amendment:                                      
                                                                                                    
                      HOUSE CS FOR CS FOR SENATE BILL NO.                                          
            306(JUD)                                                                                
                                                                                                    
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3654
                                                                                                    
HCS CSSB 306(JUD)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 306(FIN) am?  Effective Date                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 306(JUD) "An Act                                                
relating to the practice of naturopathic medicine; and providing for an                             
effective date."                                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on concurrence be considered the vote on the effective date                                    
clause. Without objection, it was so ordered.                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 323                                                                                            
Senator Ben Stevens moved and asked unanimous consent to take up                                    
the concur message dated May 5, stating the House passed and                                        
returned for consideration CS FOR SENATE BILL NO. 323(JUD) am                                       
"An Act relating to a subcontractor's, contractor's, and project owner's                            
liability for workers' compensation, to sole proprietors and                                        
partnerships without employees, and managers or managing members                                    
of limited liability companies, and to the exclusiveness of liability for                           
workers' compensation" with the following amendment:                                                
                                                                                                    
            CS FOR SENATE BILL NO. 323(JUD) am H                                                    
                                                                                                    
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    

2004-05-11                     Senate Journal                      Page 3655
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
CSSB 323(JUD) am H                                                                                  
Shall the Senate Concur in the House                                                                
Amendment to CSSB 323(JUD) am?                                                                      
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Green, Ogan, Seekins,                                          
Stedman, Stevens B, Stevens G, Therriault, Wilken                                                   
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson, Wagoner                                
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
CS FOR SENATE BILL NO. 323(JUD) am H "An Act relating to a                                          
subcontractor's, contractor's, and project owner's liability for workers'                           
compensation, to sole proprietors and partnerships without employees,                               
and managers or managing members of limited liability companies,                                    
and to the exclusiveness of liability for workers' compensation."                                   
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 327                                                                                            
Senator Ben Stevens moved and asked unanimous consent to take up                                    
the concur message dated May 6, stating the House passed and                                        
returned for consideration CS FOR SENATE BILL NO. 327(STA)                                          
"An Act relating to pedestrians using rollerblades, roller skates, and                              
rollerskis" with the following amendment:                                                           
                                                                                                    
            CS FOR SENATE BILL NO. 327(STA) am H                                                    
                                                                                                    
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    

2004-05-11                     Senate Journal                      Page 3656
                                                                                                    
CSSB 327(STA) am H                                                                                  
Shall the Senate Concur in the House                                                                
Amendment to CSSB 327(STA)?                                                                         
                                                                                                    
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, the Senate concurred in the House amendment, thus adopting                                  
CS FOR SENATE BILL NO. 327(STA) am H "An Act relating to                                            
pedestrians using rollerblades, roller skates, and roller skis."                                    
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 328                                                                                            
Senator Ben Stevens moved and asked unanimous consent to take up                                    
the concur message dated May 6, stating the House passed and                                        
returned for consideration CS FOR SPONSOR SUBSTITUTE FOR                                            
SENATE BILL NO. 328(FIN) "An Act relating to the national forest                                    
income program in the Department of Community and Economic                                          
Development and to the authority of the department to adopt                                         
regulations; making conforming amendments; and providing for an                                     
effective date" with the following amendment:                                                       
                                                                                                    
                          HOUSE CS FOR CS FOR SPONSOR                                              
                    SUBSTITUTE FOR SENATE BILL NO. 328(CRA)                                        
                                                                                                    
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3657
                                                                                                    
HCS CSSSSB 328(CRA)                                                                                 
Shall the Senate Concur in the House                                                                
Amendment to CSSSSB 328(FIN)? - 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, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE                                                   
BILL NO. 328(CRA) "An Act relating to the national forest income                                    
program in the Department of Community and Economic                                                 
Development and to the authority of the department to adopt                                         
regulations; making conforming amendments; and providing for an                                     
effective date."                                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on concurrence be considered the vote on the effective date                                    
clauses. Without objection, it was so ordered.                                                      
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 329                                                                                            
Senator Ben Stevens moved and asked unanimous consent to take up                                    
the concur message dated May 10, stating the House passed and                                       
returned for consideration CS FOR SENATE BILL NO. 329(RES)                                          
"An Act relating to control of nuisance moose" with the following                                   
amendment:                                                                                          
                                                                                                    
            CS FOR SENATE BILL NO. 329(RES) am H                                                    
                                                                                                    
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment.                                                                                          
                                                                                                    

2004-05-11                     Senate Journal                      Page 3658
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
CSSB 329(RES) am H                                                                                  
Shall the Senate Concur in the House                                                                
Amendment to CSSB 329(RES)?                                                                         
                                                                                                    
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 Senate concurred in the House amendment, thus adopting                                  
CS FOR SENATE BILL NO. 329(RES) am H "An Act relating to                                            
control of nuisance moose."                                                                         
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 338                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
concur message on CS FOR SENATE BILL NO. 338(STA) am H "An                                          
Act relating to actionable claims against state employees; and                                      
providing for an effective date" which had been held on the Secretary's                             
desk (page 3574) be taken up at this time. Without objection, it was so                             
ordered.                                                                                            
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment and recommended the body vote no.                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3659
                                                                                                    
CSSB 338(STA) am H                                                                                  
Shall the Senate Concur in the House                                                                
Amendment to CSSB 338(STA)?    Effective Dates                                                      
                                                                                                    
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Lincoln,                                 
Olson                                                                                               
                                                                                                    
Nays:  Bunde, Cowdery, Green, Ogan, Seekins, Stedman, Stevens B,                                    
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Ogan changed from "Yea" to "Nay".                                                                   
Dyson changed from "Nay" to "Yea".                                                                  
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendment. In the event the                                
House fails to recede, the President appointed a Conference                                         
Committee to meet with a like committee from the House to consider                                  
the bills:                                                                                          
                                                                                                    
      Senator Seekins, Chair                                                                        
      Senator Green                                                                                 
      Senator French                                                                                
                                                                                                    
SB 382                                                                                            
Senator Ben Stevens moved and asked unanimous consent to take up                                    
the concur message dated May 10, stating the House passed CS FOR                                    
SENATE BILL NO. 382(CRA) am "An Act relating to replat                                              
approval; relating to the platting of right-of-way acquired through                                 
eminent domain proceedings; and providing for an effective date" with                               
the following amendment:                                                                            
                                                                                                    
            CS FOR SENATE BILL NO. 382(CRA) am H                                                    
                                                                                                    
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment and recommended the body vote no.                                                         

2004-05-11                     Senate Journal                      Page 3660
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
CSSB 382(CRA) am H                                                                                  
Shall the Senate Concur in the House                                                                
Amendment to CSSB 382(CRA) am?                                                                      
                                                                                                    
YEAS:  0   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Nays:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    
The Secretary was requested to notify the House of the Senate's action                              
and request the House recede from its amendment.                                                    
                                                                                                    
SB 385                                                                                            
Senator Ben Stevens moved and asked unanimous consent to take up                                    
the concur message dated May 10, stating the House passed and                                       
returned for consideration CS FOR SENATE BILL NO. 385(JUD) am                                       
"An Act relating to homeland security, to civil defense, to emergencies                             
and to disasters, including disasters in the event of attacks, outbreaks                            
of disease, or threats of attack or outbreak of disease; establishing the                           
Alaska division of homeland security and emergency management in                                    
the Department of Military and Veterans' Affairs and relating to the                                
functions of that division and that department; and providing for an                                
effective date" with the following amendments:                                                      
                                                                                                    
HOUSE CS FOR CS FOR SENATE BILL NO. 385(RLS) am H                                                   
                                                                                                    
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3661
                                                                                                    
HCS CSSB 385(RLS) am H                                                                              
Shall the Senate Concur in the House                                                                
Amendments to CSSB 385(JUD) am? Effective Dates                                                     
                                                                                                    
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 B,                                  
Stevens G, Therriault, Wilken                                                                       
                                                                                                    
Nays:  Wagoner                                                                                      
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR CS FOR SENATE BILL NO. 385(RLS) am H "An                                               
Act relating to homeland security, to civil defense, to emergencies and                             
to disasters, including disasters in the event of attacks, outbreaks of                             
disease, or threats of attack or outbreak of disease; establishing the                              
Alaska division of homeland security and emergency management in                                    
the Department of Military and Veterans' Affairs and relating to the                                
functions of that division and that department; and providing for an                                
effective date."                                                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on concurrence be considered the vote on the effective date                                    
clauses. Without objection, it was so ordered.                                                      
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
President Therriault stated that under Uniform Rule 43(b),                                          
engrossment may be waived on all bills considered today.                                            
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 452                                                                                            
Senator Ben Stevens requested that the reconsideration on SENATE                                    
CS FOR CS FOR HOUSE BILL NO. 452(RES) be taken up. The bill                                         
was before the Senate on reconsideration.                                                           
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3662
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 452(RES) "An Act relating to licensing and                                           
regulation of sport fishing operators and sport fishing guides; relating                            
to licensing and registration of sport fishing vessels; 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" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
SCS CSHB 452(RES)                                                                                   
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, SENATE CS FOR CS FOR HOUSE BILL NO. 452(RES)                                                
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.                                                          
                                                                                                    
HB 511                                                                                            
Senator Ben Stevens requested that the reconsideration on SENATE                                    
CS FOR CS FOR HOUSE BILL NO. 511(FIN) 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. 511(FIN) "An Act relating to the certificate of                                      
need program for health care facilities; and providing for an effective                             
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3663
SCS CSHB 511(FIN)                                                                                   
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman,                                  
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wilken                                                                                  
                                                                                                    
Nays:  Ellis, French, Wagoner                                                                       
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 511(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 clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 513                                                                                            
Senator Ben Stevens requested that the reconsideration on SENATE                                    
CS FOR HOUSE BILL NO. 513(JUD) be taken up. The bill was                                            
before the Senate on reconsideration.                                                               
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR HOUSE                                         
BILL NO. 513(JUD) "An Act relating to the enforcement of support                                    
orders through suspension of drivers' licenses; changing the name of                                
the child support enforcement agency to the child support services                                  
agency; amending Rules 90.3 and 90.5, Alaska Rules of Civil                                         
Procedure; and providing for an effective date" pass the Senate?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SCS HB 513(JUD)                                                                                     
Third Reading - On Reconsideration                                                                  
Court Rules - Effective Date                                                                        
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Hoffman, Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Green, Ogan                                                                                  
                                                                                                    

2004-05-11                     Senate Journal                      Page 3664
and so, SENATE CS FOR HOUSE BILL NO. 513(JUD) passed the                                            
Senate on reconsideration.                                                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the Court                                 
Rule changes. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 514                                                                                            
Senator Ben Stevens requested that the reconsideration on SENATE                                    
CS FOR CS FOR HOUSE BILL NO. 514(FIN) 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. 514(FIN) "An Act relating to child support                                           
modification and enforcement, to the establishment of paternity by the                              
child support enforcement agency, and to the crimes of criminal                                     
nonsupport and aiding the nonpayment of child support; amending                                     
Rule 90.3, Alaska Rules of Civil Procedure; and providing for an                                    
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SCS CSHB 514(FIN)                                                                                   
Third Reading - On Reconsideration                                                                  
Court Rule - Effective Date                                                                         
                                                                                                    
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                 
                                                                                                    
Nays:  Green, Hoffman, Lincoln, Ogan, Olson                                                         
                                                                                                    
Hoffman changed from "Yea" to "Nay".                                                                
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 514(FIN)                                                
passed the Senate on reconsideration.                                                               
                                                                                                    

2004-05-11                     Senate Journal                      Page 3665
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the Court                                 
Rule change. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 464                                                                                            
Senator Ben Stevens requested that the reconsideration on SENATE                                    
CS FOR HOUSE BILL NO. 464(FIN) "An Act extending the                                                
termination date of the Board of Certified Real Estate Appraisers" be                               
taken up. The bill was before the Senate on reconsideration.                                        
                                                                                                    
Senator Ogan 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 Ogan offered Amendment No. 1:                                                               
                                                                                                    
Page 1, line 2, following "appraisers":                                                           
            Insert "; relating to the Big Game Commercial Services                                
Board and to the regulation of big game hunting services and                                      
transportation services; and providing for an effective date"                                     
                                                                                                    
Page 1, following line 3:                                                                           
            Insert a new bill section to read:                                                      
"* Section 1.  AS 08.01.010(7) is amended to read:                                                
                                     (7)  Big Game Commercial Services Board                    
            (AS 08.54.591) and regulation of big game guides and                                
            transporters under AS 08.54;"                                                           
                                                                                                    
Page 1, line 4:                                                                                     
            Delete "Section 1"                                                                    
            Insert "Sec. 2"                                                                       
                                                                                                    
Page 1, following line 6:                                                                           
            Insert new bill sections to read:                                                       
"* Sec. 3.  AS 08.03.010(c) is amended by adding a new paragraph                                  
to read:                                                                                            

2004-05-11                     Senate Journal                      Page 3666
                                     (22)  Big Game Commercial Services Board                       
            (AS 08.54.591) -- June 30, 2007.                                                        
   * Sec. 4.  AS 08.54 is amended by adding new sections to article 1 to                          
read:                                                                                               
                         Sec. 08.54.591.  Creation and membership of                              
            board.  (a)  For the purposes of licensing and regulating the                         
            activities of providers of commercial services to big game                              
            hunters in the interest of the state's wildlife resources, there is                     
            created the Big Game Commercial Services Board.  For                                    
            administrative purposes, the board is in the Department of                              
            Community and Economic Development.                                                     
                         (b)  The board consists of seven members as follows:                       
                                     (1)  two members who are current, licensed                     
            registered guide-outfitters;                                                            
                                     (2)  two members who are licensed                              
            transporters;                                                                           
                                     (3)  one member of the Board of Game who                       
            is chosen by the Board of Game and who does not hold a                                  
            guide or transport license;                                                             
                                     (4)  one member who represents private                         
            landholders affected by guided hunting activities or                                    
            transportation services and who does not hold a license issued                          
            under this chapter; and                                                                 
                                     (5)  one public member.                                        
                         Sec. 08.54.595.  Board assistance.  The Department                       
            of Fish and Game, Department of Natural Resources,                                      
            Department of Law, and Department of Public Safety shall                                
            provide the board with information, data, or technical                                  
            assistance requested by the board for the purposes of licensing                         
            and regulating the activities of providers of commercial                                
            services to big game hunters.                                                           
   * Sec. 5.  AS 08.54.600 is amended to read:                                                    
                         Sec. 08.54.600.  Duties of board [DEPARTMENT].                         
            (a)  The board [DEPARTMENT OF COMMUNITY AND                                         
            ECONOMIC DEVELOPMENT] shall                                                             
                                     (1)  prepare and [,] grade [, AND                          
            ADMINISTER]                                                                             
                                                                                                    
                                                 (A)  a qualification examination for               
                         a registered guide-outfitter [GUIDE] license that                      

2004-05-11                     Senate Journal                      Page 3667
                         requires demonstration that the applicant is qualified                     
                         generally to provide guided and outfitted hunts and,                       
                         in particular, possesses knowledge of fishing,                             
                         hunting, and guiding laws and regulations; and                             
                                                 (B)  a certification examination for               
                         each game management unit in which the registered                          
                         guide-outfitter [GUIDE] intends to provide big                         
                         game hunting services; the examination must require                        
                         demonstration that the registered guide-outfitter                      
                         [GUIDE] is qualified to provide guided and outfitted                       
                         hunts in the game management unit for which the                            
                         registered guide-outfitter [GUIDE] seeks to be                         
                         certified and, in particular, must require                                 
                         demonstration that the registered guide-outfitter                      
                         [GUIDE] possesses knowledge of the terrain,                                
                         transportation problems, game, and other                                   
                         characteristics of the game management unit;                               
                                     (2)  authorize the issuance of [ISSUE]                     
            registered guide-outfitter [GUIDE], master guide-outfitter                      
            [GUIDE], class-A assistant guide, assistant guide, and                                  
            transporter licenses;                                                                   
                                     (3)  [COMPILE, MAINTAIN, AND                                   
            PUBLISH AN ANNUAL ROSTER OF REGISTERED                                                  
            GUIDES AND MASTER GUIDES LICENSED UNDER                                                 
            THIS CHAPTER; A PERSON LISTED IN THE ROSTER                                             
            WHOSE LICENSE IS REVOKED OR SUSPENDED                                                   
            SHALL BE REMOVED FROM THE ROSTER WHILE THE                                              
            PERSON'S LICENSE IS REVOKED OR SUSPENDED;                                               
                                     (4)]  impose appropriate disciplinary                          
            sanctions on a licensee under AS 08.54.600 - 08.54.790;                                
                                     (4) [(5)]  require an applicant for issuance or            
            renewal of any class of guide license or of a transporter                               
            license to state in a written and signed document whether the                           
            applicant's right to obtain, or exercise the privileges granted                         
            by, a hunting, guiding, outfitting, or transportation services                          
            license is revoked or suspended in this state or another state or                       
            in Canada;                                                                              
                                     (5) [(6)]  regularly disseminate information               
            regarding examinations and other qualifications for all classes                         
            of guide licenses to residents of the rural areas of the state;                         

2004-05-11                     Senate Journal                      Page 3668
                                     (6)  [(7)]  adopt procedural and substantive               
            regulations required by this chapter;                                                   
                                     (7)  provide for administration of [(8)                    
            ADMINISTER] examinations for registered guide-outfitters                            
            [GUIDES] at least twice a year [; AN EXAMINATION MAY                                    
            NOT BE GIVEN WITHIN 90 DAYS AFTER THE                                                   
            PREVIOUS EXAMINATION; AT LEAST ONCE EVERY                                               
            OTHER YEAR THE DEPARTMENT SHALL GIVE THE                                                
            EXAMINATION AT A LOCATION OTHER THAN                                                    
            ANCHORAGE].                                                                             
                         (b)  The board [DEPARTMENT] shall provide for                          
            administration of an oral examination for a registered guide-                       
            outfitter [GUIDE] license or for a game management unit                             
            certification if requested at the time of application for the                       
            license [AN APPLICANT EXPERIENCES A SPECIFIC                                        
            LANGUAGE DISABILITY].                                                                   
   * Sec. 6.  AS 08.54.600 is amended by adding a new subsection to                               
read:                                                                                               
                         (c)  The board may adopt regulations as the board                          
            considers appropriate to                                                                
                                     (1)  establish a code of ethics for professions                
            regulated by the board;                                                                 
                                     (2)  establish requirements for the contents                   
            of written contracts to provide big game hunting services and                           
            transportation services to clients;                                                     
                                     (3)  authorize the department to request a                     
            copy of a big game hunting services or transportation services                          
            contract entered into by a person licensed under this chapter.                          
   * Sec. 7.  AS 08.54.605(a) is amended to read:                                                 
                         (a)  Notwithstanding AS 08.54.610, 08.54.620,                              
            08.54.630, 08.54.650, and 08.54.660, a person may not                                   
            receive or renew a registered guide-outfitter [GUIDE]                               
            license, master guide-outfitter [GUIDE] license, class-A                            
            assistant guide license, assistant guide license, or transporter                        
            license if                                                                              
                                     (1)  the person has been convicted of                          
                                                                                                    
                                                 (A)  a violation of a state or federal         
                         hunting, guiding, or transportation services statute or                    
                         regulation [WITHIN THE LAST FIVE YEARS] for                                

2004-05-11                     Senate Journal                      Page 3669
                         which the person was                                                       
                                                             (i)  [FINED MORE THAN                  
                                     $1,000 OR] imprisoned for more than five                       
                                     days within the previous five years;                       
                                                             (ii)  fined more than              
                                     $1,000 in the previous 12 months;                          
                                                             (iii)  fined more than             
                                     $3,000 in the previous 36 months; or                       
                                                             (iv)  fined more than              
                                     $5,000 in the previous 60 months;                          
                                                 (B)  a felony within the last five                 
                         years; or                                                                  
                                                 (C)  a felony offense against the                  
                         person under AS 11.41 within the last 10 years; or                         
                                     (2)  the person's right to obtain, or exercise                 
            the privileges granted by, a hunting, guiding, outfitting, or                           
            transportation services license is suspended or revoked in this                         
            state or another state or in Canada.                                                    
   * Sec. 8.  AS 08.54.605(c) is amended to read:                                                 
                         (c)  A person may not receive a certification for a                        
            game management unit if the person is prohibited by (a) of                              
            this section from receiving or renewing a registered guide-                         
            outfitter [GUIDE] license or master guide-outfitter                             
            [GUIDE] license.                                                                        
   * Sec. 9.  AS 08.54.610 is amended to read:                                                    
                         Sec. 08.54.610.  Registered guide-outfitter                            
            [GUIDE] license.  (a)  A natural person is entitled to a                              
            registered guide-outfitter [GUIDE] license if the person                            
                                     (1)  is 21 years of age or older;                              
                                     (2)  has practical field experience in the                     
            handling of firearms, hunting, judging trophies, field                                  
            preparation of meat and trophies, first aid, photography, and                           
            related guiding and outfitting activities;                                              
                                     (3)  either                                                    
                                                 (A)  has passed the qualification                  
                         examination prepared [AND ADMINISTERED] by                                 
                         the board [DEPARTMENT] under AS 08.54.600; or                          
                                                 (B)  provides evidence of 25 years                 
                         of experience as a class-A assistant guide or class-A                      
                         assistant guide-outfitter;                                                 

2004-05-11                     Senate Journal                      Page 3670
                                     (4)  has passed a certification examination                    
            prepared [AND ADMINISTERED] by the board                                            
            [DEPARTMENT] under AS 08.54.600 for at least one game                                   
            management unit;                                                                        
                                     (5)  has legally hunted big game in the state              
            for part of each of any five years in a manner directly                                 
            contributing to the person's experience and competency as a                             
            guide;                                                                                  
                                     (6)  has been licensed as and performed the                    
            services of a class-A assistant guide or assistant guide, or of a                       
            class-A assistant guide-outfitter or assistant guide-outfitter                          
            under former AS 08.54.300 - 08.54.590, in the state for a part                          
            of each of three years;                                                                 
                                     (7)  is capable of performing the essential                    
            duties associated with guiding and outfitting;                                          
                                     (8)  has been favorably recommended in                         
            writing by eight big game hunters whose recommendations                                 
            have been solicited by the department from a list provided by                           
            the applicant, including at least two favorable                                         
            recommendations for each year of any three years during                                 
            which the person was a class-A assistant guide or assistant                             
            guide, or a class-A assistant guide-outfitter or assistant guide-                       
            outfitter under former AS 08.54.300 - 08.54.590;                                        
                                     (9)  has provided proof of financial                           
            responsibility if required by the department under                                      
            AS 08.54.680; and                                                                       
                                     (10)  has applied for a registered guide-                  
            outfitter [GUIDE] license on a form provided by the                                 
            department and paid the license application fee and the                                 
            registered guide-outfitter [GUIDE] license fee.                                     
                         (b)  A master guide-outfitter [GUIDE] license                          
            authorizes a registered guide-outfitter [GUIDE] to use the                          
            title master guide-outfitter [GUIDE], but is for all other                          
            purposes under this chapter a registered guide-outfitter                            
            [GUIDE] license.  A natural person is entitled to receive a                             
            renewable master guide-outfitter [GUIDE] license if the                             
            person                                                                                  
                                     (1)  is, at the time of application for a master               
            guide-outfitter [GUIDE] license, licensed as a registered                           
            guide-outfitter [GUIDE] under this section;                                         

2004-05-11                     Senate Journal                      Page 3671
                                     (2)  has been licensed in this state as a                      
            registered guide or a guide-outfitter, under former                                     
            AS 08.54.010 - 08.54.240, former AS 08.54.300 - 08.54.590,                              
            or this chapter, for at least 12 of the last 15 years, including                        
            the year immediately preceding the year in which the person                             
             applies for a master guide-outfitter [GUIDE] license;                             
                                     (3)  submits a list to the department of at                    
            least 25 clients for whom the person has personally provided                            
            guiding or outfitting services and the person receives a                                
            favorable evaluation from 10 of the clients selected from the                           
            list by the department; and                                                             
                                     (4)  applies for a master guide-outfitter                  
            [GUIDE] license on a form provided by the department and                                
            pays the application fee, if any.                                                       
                         (c)  A registered guide-outfitter [GUIDE] may                          
            contract to guide or outfit hunts for big game and may provide                          
            transportation services, personally or through an assistant, to                         
            big game hunters who are clients of the registered guide-                           
            outfitter [GUIDE].                                                                  
                         (d)  A person who is licensed as a registered guide-                   
            outfitter [GUIDE] may be employed by another registered                             
            guide-outfitter [GUIDE] to perform the functions of a                               
            registered guide-outfitter [GUIDE] or class-A assistant guide                       
            in the game management unit for which the person is certified                           
            under AS 08.54.600 or of an assistant guide in any game                                 
            management unit.                                                                        
                         (e)  A registered guide-outfitter [GUIDE] who                          
            contracts for a guided hunt shall be                                                    
                                     (1)  physically present in the field with the                  
            client at least once during the contracted hunt; and                                    
                                     (2)  in the field and participating in the                     
            contracted hunt, unless the hunt is being conducted by a class-                         
            A assistant guide or a registered guide-outfitter [GUIDE]                           
            employed by the contracting registered guide-outfitter                              
            [GUIDE].                                                                                
   * Sec. 10.  AS 08.54.620 is amended to read:                                                   
                                                                                                    
                         Sec. 08.54.620.  Class-A assistant guide license.  (a)                   
            A natural person is entitled to a class-A assistant guide license                       
            if the person                                                                           

2004-05-11                     Senate Journal                      Page 3672
                                     (1)  is 21 years of age or older;                              
                                     (2)  applies for a class-A assistant guide                     
            license on a form provided by the department and pays the                               
            license application fee and the license fee; [AND]                                      
                                     (3)  possesses a current first aid card                    
            issued by the Red Cross or a similar organization; and                              
                                     (4)  either                                                
                                                 (A)  has                                           
                                                             (i)  been employed during              
                                     at least three calendar years as any class of                  
                                     licensed guide in the game management unit                     
                                     for which the license is sought; and                           
                                                             (ii)  at least 10 years'               
                                     hunting experience in the state; military                      
                                     service outside of the state for not more than                 
                                     three years shall be accepted as part of the                   
                                     required 10 years' hunting experience; [OR]                    
                                                 (B)  provides                                      
                                                             (i)  evidence that the person          
                                     physically resides in the game management                      
                                     unit in which the person is to be employed;                    
                                                             (ii)  evidence that the                
                                     person has had at least 15 years' hunting                      
                                     experience in the game management unit in                      
                                     which the person is to be employed; military                   
                                     service outside of the state for not more than                 
                                     three years shall be accepted as part of the                   
                                     required 15 years' hunting experience; and                     
                                                             (iii)                a         written 
                                     recommendation from a registered guide-                    
                                     outfitter [GUIDE, STATE TROOPER,                           
                                     STATE FISH AND WILDLIFE LAW                                    
                                     ENFORCEMENT OFFICER, OR STATE                                  
                                     FISH OR GAME BIOLOGIST WHO IS                                  
                                     FAMILIAR WITH THE PERSON OR] who                               
                                     intends to employ the person as a class-A                      
                              assistant guide; or                                              
                                                 (C)  provides evidence that the                
                         person                                                                 
                                                             (i)  physically resides in         

2004-05-11                     Senate Journal                      Page 3673
                                     the game management unit in which the                      
                                     person is to be employed;                                  
                                                             (ii)  has at least 10 years'       
                                     hunting experience in the state; military                  
                                     service outside of the state for not more                  
                                     than three years shall be accepted as part                 
                                     of the required 10 years' hunting                          
                                     experience; and                                            
                                                             (iii)  has passed a class-A        
                                     assistant guide training course  approved                  
                                     by the board.                                              
                         (b)  A class-A assistant guide                                             
                                     (1)  may not contract to guide or outfit a big                 
            game hunt;                                                                              
                                     (2)  shall be employed by and under the                        
            supervision of a registered guide-outfitter [GUIDE] who has                         
            contracted with the client for whom the class-A assistant                               
            guide is conducting the hunt;                                                           
                                     (3)  may take charge of a camp and provide                 
            [CONDUCT] guide services [ACTIVITIES] from the camp                                 
            without the contracting registered guide-outfitter [GUIDE]                          
            being in the field and participating in the contracted hunt if                          
            the contracting registered guide-outfitter [GUIDE] is                               
            supervising the guiding activities;                                                     
                                     (4)  may not perform functions of a class-A                    
            assistant guide outside of the game management unit for                                 
            which the license is issued; and                                                        
                                     (5)  may be employed by a registered guide-                
            outfitter [GUIDE] to perform the functions of an assistant                          
            guide in any game management unit.                                                      
   * Sec. 11.  AS 08.54.630 is amended to read:                                                   
                         Sec. 08.54.630.  Assistant guide license.  (a)  A                        
            natural person is entitled to an assistant guide license if the                         
            person                                                                                  
                                     (1)  is 18 years of age or older;                              
                                     (2)  has legally hunted big game in the state              
            during two calendar years;                                                              
                                     (3)  possesses a first aid card issued by the                  
            Red Cross or a similar organization;                                                    
                                     (4)  either                                                

2004-05-11                     Senate Journal                      Page 3674
                                                 (A)  obtains a written                         
                         recommendation from a registered guide-outfitter                       
                         [GUIDE, STATE TROOPER, STATE FISH AND                                      
                         WILDLIFE LAW ENFORCEMENT OFFICER, OR                                       
                         STATE FISH OR GAME BIOLOGIST WHO IS                                        
                         FAMILIAR WITH THE PERSON OR] who intends                                   
                         to employ the person as an assistant guide; or                         
                                                 (B)  provides evidence that the                
                         person passed an assistant guide training course                       
                         approved by the board; and                                             
                                     (5)  applies for an assistant guide license on                 
            a form provided by the department and pays the license                                  
            application fee and the license fee.                                                    
                         (b)  An assistant guide                                                    
                                     (1)  may not contract to guide or outfit a big                 
            game hunt;                                                                              
                                     (2)  shall be employed by a registered guide-              
            outfitter [GUIDE] and under the supervision of a registered                         
            guide-outfitter [GUIDE] or class-A assistant guide while the                        
            assistant guide is in the field on guided hunts; and                                    
                                     (3)  may not take charge of a camp or                          
            provide [CONDUCT] guide services [ACTIVITIES] unless                            
            the contracting registered guide-outfitter [GUIDE] is in the                        
            field and participating in the contracted hunt or a registered                          
            guide-outfitter [GUIDE] or class-A assistant guide employed                         
            by the contracting guide is physically present and supervising                          
            the hunt.                                                                               
   * Sec. 12.  AS 08.54.640(a) is amended to read:                                                
                         (a)  Notwithstanding AS 08.54.610 - 08.54.630 and                          
            except as provided in (b) of this section, a person may not                             
            hold, or earn experience credits to apply for, a registered                             
            guide-outfitter [GUIDE] license under this chapter, while the                       
            person is a law enforcement officer and for three months after                          
            terminating the person's status as a law enforcement officer.                           
   * Sec. 13.  AS 08.54.640(b) is amended to read:                                                
                         (b)  A registered guide-outfitter [GUIDE] license,                     
            class-A assistant guide license, or assistant guide license                             
            issued under this chapter, or under former provisions of                                
            AS 08.54.300 - 08.54.590, after May 16, 1992, is suspended if                           
            the person to whom the license is issued subsequently                                   

2004-05-11                     Senate Journal                      Page 3675
            becomes a law enforcement officer.  A person whose license                              
            is subject to suspension under this subsection shall notify the                         
            department that the person has become a law enforcement                                 
            officer within 30 days after becoming a law enforcement                                 
            officer.  The suspension of a license under this subsection                             
            remains in effect until three months have elapsed from the                              
            date on which the licensee provides written notification to the                         
            department of the fact that the person is no longer a law                               
            enforcement officer.  A person whose license is suspended                               
            under this subsection is not required to renew the license or                           
            pay license renewal fees for the period of suspension.  Once a                          
            suspension of a license is terminated, the licensee may                                 
            provide, without further payment of a guide license fee, the                            
            guide services authorized by the license for the remainder of                           
            the licensing period in which the suspension is terminated.                             
            Notwithstanding other provisions of this subsection, if a                               
            person whose license is suspended under this subsection fails                           
            to notify the department within one year after the person is no                         
            longer a law enforcement officer, the person's license lapses                           
            and the person is eligible for reissuance of the license only as                        
            provided in AS 08.54.670.  The board [DEPARTMENT]                                   
            may adopt regulations to implement this subsection.                                     
   * Sec. 14.  AS 08.54.650(c) is amended to read:                                                
                         (c)  A transporter shall provide an annual activity                        
            report on a form provided by the department. An activity                                
            report must contain all information required by the board                       
            [DEPARTMENT] by regulation.                                                             
   * Sec. 15.  AS 08.54.660 is amended to read:                                                   
                         Sec. 08.54.660.  Renewal of guide and transporter                        
            licenses.  (a) An applicant for renewal of a registered guide-                    
            outfitter [GUIDE], class-A assistant guide, assistant guide, or                     
            transporter license shall submit                                                        
                                     (1)  a request for renewal of the license on a                 
            form provided by the department; and                                                    
                                     (2)  the appropriate license fee for the next                  
            licensing period.                                                                       
                                                                                                    
                         (b)  The department may not renew a registered                             
            guide-outfitter [GUIDE] license under this section unless all                       
            fees have been paid in full and the registered guide-outfitter                      

2004-05-11                     Senate Journal                      Page 3676
            has signed an affidavit that all hunt records due during the                        
            term of the current license have been filed with the                                    
            department.                                                                             
                         (c)  The department may not renew a transporter                            
            license unless all fees have been paid in full and the                              
            transporter has signed an affidavit that all activity reports                       
            due during the term of the current license have been filed with                         
            the department.                                                                         
   * Sec. 16.  AS 08.54.670 is amended to read:                                                   
                         Sec. 08.54.670.  Failure to renew.  The department                       
            may not issue a license to a person who held a registered                               
            guide-outfitter [GUIDE], class-A assistant guide, or assistant                      
            guide license and who has failed to renew the license under                             
            this chapter for four consecutive years unless the person again                         
            meets the qualifications for initial issuance of the license.                           
   * Sec. 17.  AS 08.54.680(b) is amended to read:                                                
                         (b)  If a registered guide-outfitter [GUIDE], class-A                  
            assistant guide, or an assistant guide personally pilots an                             
            aircraft to transport clients during the provision of big game                          
            hunting services, the registered guide-outfitter [GUIDE],                           
            class-A assistant guide, or assistant guide shall have a                                
            commercial pilot's rating or a minimum of 500 hours of flying                           
            time in the state.                                                                      
   * Sec. 18.  AS 08.54.680 is amended by adding a new subsection to                              
read:                                                                                               
                         (c)  On or after January 1, 2005, a registered guide                       
            may not provide big game hunting services and a transporter                             
            may not provide transportation services unless the registered                           
            guide or transporter has entered into a written contract with                           
            the client for the provision of those services.                                         
   * Sec. 19.  AS 08.54.710(a) is amended to read:                                                
                         (a)  The board [DEPARTMENT] may impose a                               
            disciplinary sanction in a timely manner under (c) of this                              
            section if the board [DEPARTMENT] finds after a hearing,                        
            that a licensee                                                                         
                                     (1)  is convicted of a violation of any [A]                
            state or federal statute or regulation relating to hunting or to                    
            provision of big game hunting services or transportation                                
            services; [OR]                                                                          
                                     (2)  has failed to file records or reports                     

2004-05-11                     Senate Journal                      Page 3677
            required under this chapter;                                                        
                                     (3)  has negligently misrepresented or                     
            omitted a material fact on an application for any class of                          
            guide license or a transporter license; or                                          
                                     (4)  has breached a contract to provide big                
            game hunting services or transportation services to a                               
            client.                                                                             
   * Sec. 20.  AS 08.54.710(b) is amended to read:                                                
                         (b)  The board [DEPARTMENT] may impose a                               
            disciplinary sanction in a timely manner under (c)(3) - (7) of                          
            this section if the board [DEPARTMENT] finds, after a                           
            hearing, that a licensee has acted unethically [IS                              
            INCOMPETENT] as a registered guide-outfitter [GUIDE],                               
           class-A assistant guide, assistant guide, or transporter.                               
   * Sec. 21.  AS 08.54.710(c) is amended to read:                                                
                         (c)  The board [DEPARTMENT] may impose the                             
            following disciplinary sanctions, singly or in combination:                             
                                     (1)  permanently revoke a license;                             
                                     (2)  suspend a license for a specified period;                 
                                     (3)  censure or reprimand a licensee;                          
                                     (4)  impose limitations or conditions on the                   
            professional practice of a licensee;                                                    
                                     (5)  impose requirements for remedial                          
            professional education to correct deficiencies in the education,                        
            training, and skill of the licensee;                                                    
                                     (6)  impose probation requiring a licensee to                  
            report regularly to the board [DEPARTMENT] on matters                               
            related to the grounds for probation;                                                   
                                     (7)  impose a civil fine not to exceed $5,000              
            [$1,000].                                                                               
   * Sec. 22.  AS 08.54.710(d) is amended to read:                                                
                         (d)  The board [DEPARTMENT] shall permanently                          
            revoke a transporter license or any class of guide license if the                       
            board [DEPARTMENT] finds after a hearing that the license                           
            was obtained through fraud, deceit, or [INNOCENT]                                       
            misrepresentation.                                                                      
   * Sec. 23.  AS 08.54.710(e) is amended to read:                                                
                         (e)  The board [DEPARTMENT] shall suspend or                           
            permanently revoke a transporter license or any class of guide                          
            license without a hearing if the court orders the board                             

2004-05-11                     Senate Journal                      Page 3678
            [DEPARTMENT] to suspend or permanently revoke the                                       
            license as a penalty for conviction of an unlawful act                                  
            [UNDER AS 08.54.720].  If the board [DEPARTMENT]                                    
            suspends or permanently revokes a license under this                                    
            subsection, the board [DEPARTMENT] may not also impose                              
            an administrative disciplinary sanction of suspension or                                
            permanent revocation of the same license for the same offense                           
            for which the court ordered the suspension or permanent                                 
            revocation under AS 08.54.720.                                                          
   * Sec. 24.  AS 08.54.710(h) is amended to read:                                                
                         (h)  If the board [DEPARTMENT] revokes a license                       
            under this section, the person whose license has been revoked                           
            shall immediately surrender the license to the department.                              
   * Sec. 25.  AS 08.54.710(i) is amended to read:                                                
                         (i)  The board [DEPARTMENT] may summarily                              
            suspend a licensee from practice of the profession under this                           
            chapter, for a period of not more than 30 days, before a final                          
            hearing is held or during an appeal if the board                                    
            [DEPARTMENT] finds that the licensee poses a clear and                                  
            immediate danger to the public health and safety.  A person is                          
            entitled to a hearing before the board [DEPARTMENT] to                              
            appeal the summary suspension within seven days after the                               
            order of suspension is issued.  A person may appeal an                                  
            adverse decision of the board [DEPARTMENT] on an appeal                             
            of summary suspension to a court of competent jurisdiction.                             
   * Sec. 26.  AS 08.54.720(a) is amended to read:                                                
                         (a)  It is unlawful for a                                                  
                                     (1)  person who is licensed under this chapter                 
            to knowingly fail to promptly report, unless a reasonable                           
            means of communication is not reasonably available, to the                          
            Department of Public Safety, [DIVISION OF FISH AND                                      
            WILDLIFE PROTECTION,] and in no event later than 20                                     
            days, a violation of a state or federal wildlife or game,                           
            guiding, or transportation services statute or regulation that                          
            the person reasonably believes was committed by a client or                             
            an employee of the person;                                                              
                                                                                                    
                                     (2)  person who is licensed under this chapter                 
            to intentionally obstruct or hinder or attempt to obstruct or                           
            hinder lawful hunting engaged in by a person who is not a                               

2004-05-11                     Senate Journal                      Page 3679
            client of the person;                                                                   
                                     (3)  class-A assistant guide or an assistant                   
            guide to knowingly guide a big game hunt except while                               
            employed and supervised by a registered guide-outfitter                             
            [GUIDE];                                                                                
                                     (4)  person who holds any class of guide                       
            license or transporter license to knowingly enter or remain                         
            on private, state, or federal land without prior authorization                      
            during the course of providing big game hunting services or                         
            transportation services;                                                            
                                     (5)  registered guide-outfitter [GUIDE] to                 
            knowingly engage in providing big game hunting services                                 
            outside of                                                                              
                                                 (A)  a game management unit for                    
                         which the registered guide-outfitter [GUIDE] is                        
                         certified; or                                                              
                                                 (B)  a use area for which the                      
                         registered guide-outfitter [GUIDE] is registered                       
                         under AS 08.54.750 unless the registration                                 
                         requirement for the area has been suspended by the                         
                         Department of Fish and Game;                                               
                                     (6)  person to knowingly guide without                         
            having a current registered guide-outfitter [GUIDE], class-A                        
            assistant guide, or assistant guide license and a valid Alaska                      
            hunting license in actual possession;                                                   
                                     (7)  registered guide-outfitter [GUIDE] to                 
            knowingly fail to comply with AS 08.54.610(e);                                          
                                     (8)  person who is licensed under this chapter                 
            to knowingly                                                                            
                                                 (A)  commit or aid in the                          
                         commission of a violation of this chapter, a                               
                         regulation adopted under this chapter, or a state or                   
                         federal wildlife or game statute or regulation; or                     
                                                 (B)  permit the commission of a                    
                         violation of this chapter, a regulation adopted under                      
                         this chapter, or a state or federal wildlife or game                   
                         statute or regulation that the person knows or                             
                         reasonably believes is being or will be committed                          
                         without                                                                    
                                                             (i)  attempting to prevent it,         

2004-05-11                     Senate Journal                      Page 3680
                                     short of using force; and                                      
                                                             (ii)  reporting the violation;         
                                     (9)  person without a current registered                       
            guide-outfitter [GUIDE] license to knowingly guide,                                 
            advertise as a registered guide-outfitter [GUIDE], or                               
             represent to be a registered guide-outfitter [GUIDE];                             
                                     (10)  person without a current master guide-               
            outfitter [GUIDE] license to knowingly advertise as, or                             
            represent to be, a master guide-outfitter [GUIDE];                                  
                                     (11)  person without a current registered                      
            guide-outfitter [GUIDE] license to knowingly outfit a big                           
            game hunt, provide outfitting services, advertise as an                             
            outfitter of big game hunts, or represent to be an outfitter of                         
            big game hunts;                                                                         
                                     (12)  person to knowingly provide                              
            transportation services to big game hunters without holding a                           
            current registered guide-outfitter [GUIDE] license or                               
            transporter license;                                                                    
                                     (13)  person without a current transporter                     
            license to knowingly advertise as, or represent to be, a                                
            transporter;                                                                            
                                     (14)  class-A assistant guide or an assistant                  
            guide to knowingly contract to guide or outfit a hunt;                                 
                                     (15)  person licensed under this chapter to                    
            knowingly violate a state statute or regulation prohibiting                             
            waste of a wild food animal or hunting on the same day                                  
            airborne;                                                                               
                                     (16)  person to knowingly provide big game                     
            hunting service or transportation services during the period                            
            for which the person's license to provide that service is                               
            suspended or revoked;                                                                   
                                     (17)  registered guide-outfitter [GUIDE],                  
            except in the defense of life or property, to knowingly                                 
            personally take                                                                         
                                                 (A)  big game while accompanying                   
                         a client in the field; or                                                  
                                                 (B)  a species of big game if the                  
                         registered guide-outfitter [GUIDE] is under contract                   
                         with a client to provide a guided hunt for that species                    
                         of big game and the client is in the field;                                

2004-05-11                     Senate Journal                      Page 3681
                                     (18)  person who is licensed as a registered                   
            guide-outfitter [GUIDE], a class-A assistant guide, or an                           
            assistant guide, except in the defense of life or property, to                          
            knowingly personally take big game while a client of the                                
            registered guide-outfitter [GUIDE] by whom the person is                            
            employed is in the field unless the person is not participating                         
            in, supporting, or otherwise assisting in providing big game                            
            hunting services to a client of the registered guide-outfitter                      
            [GUIDE] by whom the person is employed; or                                              
                                     (19)  person who is licensed as a transporter,                 
            or who provides transportation services under a transporter                             
            license, to knowingly accompany or remain in the field with a                           
            big game hunter who is a client of the person except as                                 
            necessary to perform the specific duties of embarking or                                
            disembarking big game hunters, their equipment, or big game                             
            animals harvested by hunters; this paragraph does not apply to                          
            a person who holds both a transporter license and a                                 
            registered guide-outfitter [ANY CLASS OF GUIDE]                                     
            license issued under this chapter when the person has a                             
             contract to provide guiding services for the client.                              
   * Sec. 27.  AS 08.54.720(f) is amended to read:                                                
                         (f)  In addition to the penalties set out in (b) - (e) of                  
            this section and a disciplinary sanction imposed under                                  
            AS 08.54.710,                                                                           
                                     (1)  the court may order the board                         
            [DEPARTMENT] to suspend the guide license or transporter                                
            license of a person who commits a misdemeanor offense set                               
            out in (a)(1), (3) - (5), (7), (17), (18), or (19) of this section for                  
            a specified period of not more than three years;                                        
                                     (2)  the court shall order the board                       
            [DEPARTMENT] to suspend the guide license or transporter                                
            license of a person who commits a misdemeanor offense set                               
            out in (a)(2) or (8) - (14) of this section for a specified period                      
            of not less than one year and not more than five years;                                
                                     (3)  the court shall order the board                       
            [DEPARTMENT] to suspend the guide license or transporter                                
            license for a specified period of not less than three years, or to                      
            permanently revoke the guide license or transporter license, of                         
            a person who commits an offense set out in (a)(15) or (16) of                           
            this section; and                                                                       

2004-05-11                     Senate Journal                      Page 3682
                                     (4)  all guns, fishing tackle, boats, aircraft,                
            automobiles, or other vehicles, camping gear, and other                                 
            equipment and paraphernalia used in, or in aid of, a violation                          
            of (a) of this section may be seized by persons authorized to                           
            enforce this chapter and may be forfeited to the state as                               
            provided under AS 16.05.195.                                                            
   * Sec. 28.  AS 08.54.730 is amended to read:                                                   
                         Sec. 08.54.730.  Injunction against unlawful                             
            action.  When in the judgment of the board                                        
            [DEPARTMENT], a person has engaged in an act in violation                               
            of AS 08.54.620(b), 08.54.630(b), 08.54.650(b), 08.54.710(g),                           
            or 08.54.720(a) or the regulations adopted under these                                  
            statutes, the board [DEPARTMENT] may apply to the                                   
            appropriate court for an order enjoining the action.  Upon a                            
            showing by the board [DEPARTMENT] that the person is                                
            engaging in the act, the court shall grant injunctive relief or                         
            other appropriate order without bond.                                                   
   * Sec. 29.  AS 08.54.740 is amended to read:                                                   
                         Sec. 08.54.740.  Responsibility of guide or                              
            transporter for violations.  (a)  A registered guide-outfitter                    
            [GUIDE] who contracts to guide or outfit a big game hunt is                             
            equally responsible under AS 08.54.710 for a violation of a                             
            state or federal wildlife or game or [,] guiding [, OR                          
            TRANSPORTATION SERVICES] statute or regulation                                          
            committed by a person while in the course of the person's                               
            employment for the registered guide-outfitter [GUIDE].                              
                         (b)  A transporter who provides transportation                             
            services is equally responsible under AS 08.54.710 for a                                
            violation of a state or federal wildlife or game, guiding, or                       
            transportation services statute or regulation committed by a                            
            person while in the course of the person's employment for the                           
            transporter.                                                                            
   * Sec. 30.  AS 08.54.750 is amended to read:                                                   
                         Sec. 08.54.750.  Use area registration.  (a)  At least                   
            30 days before conducting big game hunting services within a                            
            guide use area, a registered guide-outfitter [GUIDE] shall                          
            inform the department, in person or by registered mail on a                             
            registration form provided by the department, that the guide-                       
            outfitter [GUIDE] will be conducting big game hunting                               
            services in the use area.  A registered guide may not                               

2004-05-11                     Senate Journal                      Page 3683
            withdraw or amend a guide use area registration during                              
            the calendar year in which the registration was submitted                           
            to the department.                                                                  
                         (b)  A registered guide-outfitter [GUIDE] may not                      
            register for, or conduct big game hunting services in,                                 
                                     (1)  more than three guide use areas during a                  
            calendar year; or                                                                       
                                     (2)  a guide use area that is outside of a game                
            management unit for which the registered guide-outfitter                            
            [GUIDE] is certified under AS 08.54.600.                                                
                         (c)  Notwithstanding (a) and (b) of this section, a                        
            registered guide-outfitter [GUIDE] may register to conduct                          
            big game hunting services within a guide use area at any time                           
            before beginning operations in the guide use area and may                               
            conduct big game hunting services in a guide use area, or for a                         
            big game species in a guide use area, that is not one of the                            
            three guide use areas for which the registered guide-outfitter                      
            [GUIDE] has registered under (b) of this section if the                                 
            Department of Fish and Game has determined by regulation                                
            that it is in the public interest to suspend the registration                           
            requirements for that guide use area or for all guide use areas                         
            in a game management unit or game management subunit for                                
            a big game species within those guide use areas.                                        
                         (d)  Notwithstanding (b) of this section, a registered                     
            guide-outfitter [GUIDE] who is registered in three guide use                        
            areas may also register for and conduct big game hunting                                
            services in a portion of one additional guide use area on                               
            federal land adjacent to a guide use area in which the                                  
            registered guide-outfitter [GUIDE] is already registered if                         
            the board [DEPARTMENT] finds that the portion of the                                
            adjacent guide use area for which the registered guide-                             
            outfitter [GUIDE] is seeking to be registered would                                 
            otherwise remain unused by a registered guide-outfitter                             
            [GUIDE] because the boundaries of guide use areas do not                                
            coincide with boundaries of federal big game guide                                      
            concession or permit areas.                                                             
                                                                                                    
                         (e)  In this section, "guide use area" means a                             
            geographic area of the state identified as a guide-outfitter use                        
            area by the former Big Game Commercial Services Board                                   

2004-05-11                     Senate Journal                      Page 3684
            established under former AS 08.54.300 and described on a                            
            set of maps titled Guide-Outfitter Use Area Maps, dated                                 
            June 22, 1994, as amended by the board as the board                                 
            considers necessary.                                                                
   * Sec. 31.  AS 08.54.750 is amended by adding new subsections to                               
read:                                                                                               
                         (f)  Notwithstanding (b) of this section, a registered                     
            guide who is registered in three guide use areas may also                               
            register for and conduct big game hunting services for wolf,                            
            black bear, brown bear, or grizzly bear in guide use areas                              
            within a game management unit or portion of a game                                      
            management unit where the Board of Game has identified                                  
            predation by wolf, black bear, brown bear, or grizzly bear as a                         
            cause of the depletion of a big game prey population or a                               
            reduction of the productivity of a big game prey population                             
            that is the basis for the establishment of an intensive                                 
            management program in the game management unit or                                       
            portion of the game management unit or for the declaration of                           
            the biological emergency in the game management unit or                                 
            portion of the game management unit.  A registered guide                                
            may only conduct hunts in a guide use area under this                                   
            subsection for the big game species identified by the Board of                          
            Game as the cause of the depletion or reduction of                                      
            productivity a big game prey population.                                                
                         (g)  At least 60 days before providing transportation                      
            services to, from, or in an area as may be determined by the                            
            board, a transporter shall inform the department, in person or                          
            by registered mail on a registration form provided by the                               
            department, that the transporter will be providing                                      
            transportation services to, from, or in the use area.  The board                        
            may establish transporter use areas and adopt regulations to                            
            implement this subsection as the board considers necessary.                             
   * Sec. 32.  AS 08.54.760 is amended to read:                                                   
                         Sec. 08.54.760.  Hunt records; confidentiality of                        
            hunt records and activity reports.  (a)  The department shall                         
            collect and maintain hunt records provided by a registered                              
            guide-outfitter [GUIDE].  A registered guide-outfitter                          
            [GUIDE] shall submit to the department a hunt record for                                
            each contracted hunt within 60 [30] days after the completion                       
            of the hunt.  A hunt record must include a list of all big game                         

2004-05-11                     Senate Journal                      Page 3685
            hunters who used the guiding or outfitting services of the                              
            registered guide-outfitter [GUIDE], the number of each big                          
            game species taken, and other information required by the                               
            board [DEPARTMENT].  The department shall provide                                   
            forms for reporting hunt records.                                                       
                         (b)  The department shall make hunt records received                       
            under this section, and activity reports received under                                 
            AS 08.54.650, available to state agencies, [AND] federal law                    
            enforcement agencies and other [FISH AND WILDLIFE]                                  
            law enforcement agencies [CHARGED WITH THE                                              
            ENFORCEMENT OF STATUTES AND REGULATIONS                                                 
            RELATING TO GUIDING, OUTFITTING,                                                        
            TRANSPORTATION SERVICES, OR GAME OR WITH                                                
            MANAGEMENT OF GAME] if requested [FOR GAME                                              
            MANAGEMENT OR LAW ENFORCEMENT PURPOSES].                                                
            Aggregated data compiled from hunt records and activity                                 
            reports may be included in reports by the department. For all                           
            other purposes, the hunt records and activity reports are                               
            confidential and are not subject to inspection or copying under                         
            AS 40.25.110 - 40.25.125.                                                               
   * Sec. 33.  AS 08.54.770 is amended to read:                                                   
                         Sec. 08.54.770.  License and examination fees.  (a)                      
            The department shall set fees under AS 08.01.065 for each of                            
            the following:                                                                          
                                     (1)  registered guide-outfitter [GUIDE]                    
            license;                                                                                
                                     (2)  class-A assistant guide license;                          
                                     (3)  assistant guide license;                                  
                                     (4)  transporter license;                                      
                                     (5)  license application fee.                                  
                         (b)  The license fee for the registered guide-outfitter                
            [GUIDE], class-A assistant guide, or assistant guide license is                         
            in addition to the fee required for a hunting license issued by                     
            the Department of Fish and Game under AS 16.05.340.                                 
                         (c)  An applicant for a qualifying examination for a                       
            registered guide-outfitter [GUIDE] license shall pay a fee                          
            established by regulations adopted under AS 08.01.065.                                 
                         (d)  The fee for the transporter license must be equal                     
            to the fee for the registered guide-outfitter [GUIDE] license.                      
                         (e)  The [FOR LICENSES ISSUED UNDER THIS                               

2004-05-11                     Senate Journal                      Page 3686
            CHAPTER FOR 1997 AND SUBSEQUENT YEARS, THE]                                             
            amount of the license fee for a nonresident shall be two times                          
            the amount of the license fee for a resident.                                           
   * Sec. 34.  AS 08.54.790 is amended to read:                                                   
                         Sec. 08.54.790.  Definitions.  In this chapter,                          
                                     (1)  "big game" means brown bear, grizzly                      
            bear, caribou, moose, black bear, bison, Sitka blacktail deer,                          
            elk, mountain goat, musk-ox, and mountain or Dall sheep;                                
            "big game" includes wolf and wolverine when taken under                                 
            hunting regulations;                                                                    
                                     (2)  "big game hunting service" means a                        
            service for which the provider of the service must obtain a                             
            registered guide-outfitter [GUIDE], class-A assistant guide,                        
            or assistant guide license; "big game hunting service" includes                         
            guiding services and outfitting services;                                               
                                     (3)  "board" means the Big Game                            
            Commercial Services Board;                                                          
                                     (4)  "compensation" means payment for                      
            services including wages or other remuneration but not                                  
             including reimbursement for actual expenses incurred;                                 
                                     (5) [(4)]  "department" means the                          
            Department of Community and Economic Development;                                       
                                     (6) [(5)]  "field" means an area outside of                
            established year-round dwellings, businesses, or other                                  
            developments [USUALLY] associated with a city, town, or                                 
            village; "field" does not include permanent hotels or                                   
            roadhouses on the state road system or state or federally                               
            maintained airports;                                                                    
                                     (7) [(6)]  "game management unit" means                    
            one of the 26 geographic areas defined by the Board of Game                             
            for game management purposes;                                                           
                                     (8) [(7)]  "guide" means to provide, for                   
            compensation or with the intent or with an agreement to                                 
            receive compensation, services, equipment, or facilities to a                           
            big game hunter in the field by a person who accompanies or                             
            is present with the big game hunter in the field either                                 
            personally or through an assistant; in this paragraph,                                  
            "services" includes                                                                     
                                                 (A)  contracting to guide or outfit                
                         big game hunts;                                                            

2004-05-11                     Senate Journal                      Page 3687
                                                 (B)  stalking, pursuing, tracking,                 
                   killing, or attempting to kill big game;                                        
                                                 (C)  packing, preparing, salvaging,                
                         or caring for meat, except that which is required to                       
                         properly and safely load the meat on the mode of                           
                         transportation being used by a transporter;                                
                                                 (D)  field preparation of trophies,                
                         including skinning and caping;                                             
                                                 (E)  selling, leasing, or renting                  
                         goods when the transaction occurs in the field;                            
                                                 (F)  using guiding or outfitting                   
                         equipment, including spotting scopes and firearms,                         
                         for the benefit of a hunter; and                                           
                                                 (G)  providing camping or hunting                  
                         equipment or supplies that [WHICH] are already                         
                         located in the field;                                                      
                                     (9) [(8)]  "outfit" means to provide, for                  
            compensation or with the intent to receive compensation,                                
            services, supplies, or facilities to a big game hunter in the                           
            field, by a person who neither accompanies nor is present with                          
            the big game hunter in the field either personally or by an                             
            assistant;                                                                              
                                     (10) [(9)]  "transportation services" means                
            the carriage for compensation of big game hunters, their                                
            equipment, or big game animals harvested by hunters to,                                 
            from, or in the field; "transportation services" does not                               
            include the carriage by aircraft of big game hunters, their                             
              equipment, or big game animals harvested by hunters                                  
                                                 (A)  on nonstop flights between                    
                         airports listed in the Alaska supplement to the                            
                         Airmen's Guide published by the Federal Aviation                           
                         Administration; or                                                         
                                                 (B)  by an air taxi operator or air                
                         carrier for which the carriage of big game hunters,                        
                         their equipment, or big game animals harvested by                          
                         hunters is only an incidental portion of its business;                     
                         in this subparagraph, "incidental" means                                   
                         transportation provided to a big game hunter by an air                     
                         taxi operator or air carrier who does not                                  
                                                             (i)  charge more than the              

2004-05-11                     Senate Journal                      Page 3688
                                     usual tariff or charter rate for the carriage of               
                                     big game hunters, their equipment, or big                      
                                     game animals harvested by hunters; or                          
                                                             (ii)  advertise transportation         
                                     services or big game hunting services to the                   
                                     public; in this sub-subparagraph, "advertise"                  
                                     means soliciting big game hunters to be                        
                                     customers of an air taxi operator or air                       
                                     carrier for the purpose of providing air                       
                                     transportation to, from, or in the field                       
                                     through the use of print or electronic media,                  
                                     including advertising at trade shows, or the                   
                                     use of hunt broker services or other                           
                             promotional services.                                                 
   * Sec. 35.  AS 16.05.407(a) is amended to read:                                                
                         (a)  It is unlawful for a nonresident to hunt, pursue, or                  
            take brown bear, grizzly bear, mountain goat, or sheep in this                          
            state, unless personally accompanied by                                                 
                                     (1)  a person who is licensed as                               
                                                 (A)  a registered guide-outfitter              
                         [GUIDE] or a master guide-outfitter [GUIDE] under                      
                         AS 08.54 and who is providing big game hunting                             
                         services to the nonresident under a contract with the                      
                         nonresident; or                                                            
                                                 (B)  a class-A assistant guide or an               
                         assistant guide under AS 08.54 and who is employed                         
                         by a registered guide-outfitter [GUIDE] or a master                    
                         guide-outfitter [GUIDE] who has a contract to                          
                         provide big game hunting services to the nonresident;                      
                         or                                                                         
                                     (2)  a resident over 19 years of age who is                    
                                                 (A)  the spouse of the nonresident;                
                         or                                                                         
                                                 (B)  related to the nonresident,                   
                         within and including the second degree of kindred, by                      
                         marriage or blood.                                                         
   * Sec. 36.  AS 16.05.407(f) is amended to read:                                                
                         (f)  An applicant for a nonresident hunt permit for the                    
            taking of an animal specified in (a) of this section shall, if                          
            requested by the department, first furnish to the department                            

2004-05-11                     Senate Journal                      Page 3689
            proof of prior authorization to use federal, state, or private                      
            land where the permit hunt will occur.  The authorization shall                         
            be provided to the applicant by the registered guide-outfitter                      
            [GUIDE] or master guide-outfitter [GUIDE] with whom the                             
            applicant has contracted to guide the permit hunt.                                      
   * Sec. 37.  AS 16.05.408(a) is amended to read:                                                
                         (a)  It is a class A misdemeanor for a nonresident                         
            alien to hunt, pursue, or take a big game animal as defined by                          
              the Board of Game unless personally accompanied by                                   
                                     (1)  a registered guide-outfitter [GUIDE] or               
            a master guide-outfitter [GUIDE] licensed under AS 08.54                            
            who is providing big game hunting services to the nonresident                           
            alien under a contract with the nonresident alien; or                                   
                                     (2)  a class-A assistant guide or an assistant                 
            guide licensed under AS 08.54 who is employed by a                                      
            registered guide-outfitter [GUIDE] or a master guide-                           
            outfitter [GUIDE] who has a contract to provide big game                            
            hunting services to the nonresident alien.                                              
   * Sec. 38.  AS 16.05.408(c) is amended to read:                                                
                         (c)  Before obtaining a nonresident hunt permit for                        
            the taking of an animal specified in (a) of this section, a                             
            nonresident alien shall, if requested by the department, first                          
            furnish to the department proof of prior authorization to use                           
            federal or private land where the permit hunt will occur. The                           
            authorization shall be provided to the nonresident alien by the                         
            registered guide-outfitter [GUIDE] or master guide-outfitter                    
            [GUIDE] with whom the nonresident alien has contracted to                               
            guide the permit hunt.                                                                  
   * Sec. 39.  AS 23.10.055 is amended to read:                                                   
                         Sec. 23.10.055.  Exemptions.  The provisions of                          
            AS 23.10.050 - 23.10.150 do not apply to                                                
                                     (1)  an individual employed in agriculture,                    
            which includes farming in all its branches and, among other                             
            things, includes the cultivation and tillage of the soil,                               
            dairying, the production, cultivation, growing, and harvesting                          
            of any agricultural or horticultural commodities, the raising of                        
            livestock, bees, fur-bearing animals, or poultry, and any                               
            practices, including forestry and lumbering operations,                                 
            performed by a farmer or on a farm as an incident to or in                              
            conjunction with the farming operations, including                                      

2004-05-11                     Senate Journal                      Page 3690
            preparation for market, delivery to storage or to market or to                          
            carriers for transportation to market;                                                  
                                     (2)  an individual employed in the catching,                   
            trapping, cultivating, or farming, netting or taking of any kind                    
            of fish, shellfish, or other aquatic forms of animal and                                
            vegetable life;                                                                         
                                     (3)  an individual employed in the hand                        
            picking of shrimp;                                                                      
                                     (4)  an individual employed in domestic                        
            service, including a baby-sitter, in or about a private home;                           
                                     (5)  an individual employed by the United                      
            States or by the state or political subdivision of the state,                           
            except as provided in AS 23.10.065(b), including prisoners                              
          not on furlough detained or confined in prison facilities;                               
                                     (6)  an individual engaged in the nonprofit                    
            activities of a nonprofit religious, charitable, cemetery, or                           
            educational organization or other nonprofit organization                                
            where the employer-employee relationship does not, in fact,                             
            exist, and where services rendered to the organization are on a                         
            voluntary basis and are related only to the organization's                              
            nonprofit activities; for purposes of this paragraph, "nonprofit                        
            activities" means activities for which the nonprofit                                    
            organization does not incur a liability for unrelated business                          
            income tax under 26 U.S.C. 513, as amended;                                             
                                     (7)  an employee engaged in the delivery of                    
            newspapers to the consumer;                                                             
                                     (8)  an individual employed solely as a                        
            watchman or caretaker of a plant or property that is not in                             
            productive use for a period of four months or more;                                     
                                     (9)  an individual employed in a bona fide                     
            executive, administrative, or professional capacity or in the                           
            capacity of an outside salesman or a salesman who is                                    
            employed on a straight commission basis;                                                
                                     (10)  an individual employed in the search                     
            for placer or hard rock minerals;                                                       
                                     (11)  an individual under 18 years of age                      
            employed on a part-time basis not more than 30 hours in a                               
            week;                                                                                   
                                     (12)  employment by a nonprofit educational                    
            or child care facility to serve as a parent of children while the                       

2004-05-11                     Senate Journal                      Page 3691
            children are in residence at the facility if the employment                             
            requires residence at the facility and is compensated on a cash                         
            basis exclusive of room and board at an annual rate of not less                         
            than                                                                                    
                                                 (A)  $10,000 for an unmarried                      
                         person; or                                                                 
                                                 (B)  $15,000 for a married couple;                 
                                     (13)  an individual who drives a taxicab, is                   
            compensated for taxicab services exclusively by customers of                            
            the service, whose written contractual arrangements with                                
            owners of taxicab vehicles, taxicab permits, or radio dispatch                          
            services are based upon flat contractual rates and not based on                         
            a percentage share of the individual's receipts from customers,                         
            and whose written contract with owners of taxicab vehicles,                             
            taxicab permits, or radio dispatch services specifically                                
            provides that the contract places no restrictions on hours                              
            worked by the individual or on areas in which the individual                            
            may work except to comply with local ordinances;                                        
                                     (14)  a person who holds a license under                       
            AS 08.54 and who is employed by a registered guide-                                 
            outfitter [GUIDE] or master guide-outfitter [GUIDE]                             
            licensed under AS 08.54, for the first 60 work days in which                            
            the person is employed by the registered guide-outfitter                            
            [GUIDE] or master guide-outfitter [GUIDE] during a                                  
            calendar year;                                                                          
                                     (15)  an individual engaged in activities for a                
            nonprofit religious, charitable, civic, cemetery, recreational,                         
            or educational organization where the employer-employee                                 
            relationship does not, in fact, exist, and where services are                           
            rendered to the organization under a work activity                                      
            requirement of AS 47.27 (Alaska temporary assistance                                    
            program); or                                                                            
                                     (16)  an individual who                                        
                                                 (A)  provides emergency medical                    
                         services only on a voluntary basis;                                        
                                                 (B)  serves with a full-time fire                  
                         department only on a voluntary basis; or                                   
                                                 (C)  provides ski patrol services on a             
                         voluntary basis.                                                           
   * Sec. 40.  AS 39.50.200(b) is amended by adding a new paragraph                               

2004-05-11                     Senate Journal                      Page 3692
to read:                                                                                            
                                     (58)  Big Game Commercial Services Board                       
            (AS 08.54.591).                                                                         
   * Sec. 41.  AS 41.23.420(d) is amended to read:                                                
                         (d)  The provisions of AS 41.23.400 - 41.23.510 do                         
            not affect the authority of                                                             
                                     (1)  the Department of Fish and Game, the                      
            Board of Fisheries, the Board of Game, or the Big Game                              
            Commercial Services Board [DEPARTMENT OF                                            
            COMMUNITY AND ECONOMIC DEVELOPMENT] under                                               
            AS 08.54, AS 16, or AS 41.99.010;                                                       
                                     (2)  the Department of Environmental                           
            Conservation under AS 46.03; or                                                         
                                     (3)  state agencies and municipalities under                   
            AS 46.39.010 and AS 46.40.100.                                                          
   * Sec. 42.  AS 44.62.330(a)(35) is amended to read:                                            
                                     (35)  Big Game Commercial Services                         
            Board [DEPARTMENT OF COMMUNITY AND                                                  
            ECONOMIC DEVELOPMENT UNDER AS 08.54 AS TO                                               
            LICENSING AND RELATED FUNCTIONS FOR BIG                                                 
            GAME GUIDES AND TRANSPORTERS];                                                          
   * Sec. 43.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
            INITIAL APPOINTMENT OF MEMBERS OF THE BIG                                               
GAME COMMERCIAL SERVICES BOARD.  (a)  Notwithstanding                                               
AS 08.54.591, added by sec. 4 of this Act, and AS 39.05.055, the                                    
initially appointed members of the Big Game Commercial Services                                     
Board shall be appointed by the governor to terms as follows: one                                   
member serves for one year, two members serve for two years, two                                    
members serve for three years, and two members serve for four years.                                
            (b)  The governor shall appoint the initial members of the Big                          
Game Commercial Services Board, as provided for under                                               
AS 08.54.591(a), added by sec. 4 of this Act, before December 1,                                    
2004.                                                                                               
            (c)  The governor shall appoint persons who are active,                                 
licensed registered guides at the time of appointment to fill the initial                           
registered guide-outfitter positions on the Big Game Commercial                                     
Services Board.                                                                                     
   * Sec. 44.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       

2004-05-11                     Senate Journal                      Page 3693
            TRANSITION: LICENSES.  (a)  Notwithstanding                                             
AS 08.54.610(a), as amended by sec. 9 of this Act, a person who holds                               
a registered guide license in good standing on the day before the first                             
meeting of the Big Game Commercial Services Board established                                       
under AS 08.54.591, added by sec. 4 of this Act, shall, after the                                   
effective date of sec. 9 of this Act, be considered to hold a registered                            
guide-outfitter license issued under AS 08.54.610, as amended by sec.                               
9 of this Act and may renew the license as a registered guide-outfitter                             
license under AS 08.54.660, as amended by sec. 15 of this Act.                                      
            (b)  Notwithstanding AS 08.54.610(b), as amended by sec. 9                              
of this Act, a person who holds a master guide license in good                                      
standing on the day before the first meeting of the Big Game                                        
Commercial Services Board established under AS 08.54.591, added by                                  
sec. 4 of this Act, shall, after the effective date of sec. 9 of this Act, be                       
considered to hold a master guide-outfitter license issued under                                    
AS 08.54.610, as amended by sec. 9 of this Act and may renew the                                    
license as a master guide-outfitter license under AS 08.54.660, as                                  
amended by sec. 15 of this Act.                                                                     
   * Sec. 45.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
            SAVING CLAUSE.  Litigation, hearings, investigations, and                               
other proceedings pending under a law amended or repealed by this                                   
Act, or in connection with functions transferred by this Act, continue                              
in effect and may be continued and completed notwithstanding a                                      
transfer or amendment or repeal provided for by this Act.  Regulations                              
adopted under authority of a law amended or repealed by this Act                                    
remain in effect for the term adopted or until repealed or otherwise                                
amended under the provisions of this Act.                                                           
   * Sec. 46.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
            SUSPENSION OF A PROVISION OF AS 44.66.050(e).  The                                      
provision of AS 44.66.050(e) regarding the continuance or                                           
reestablishment of more than one board, commission, or agency                                       
program in a single legislative bill is suspended as to this Act.                                   
   * Sec. 47.  Sections 4, 18, and 43 - 46 of this Act take effect                                
immediately under AS 01.10.070(c).                                                                  
   * Sec. 48.  Except as provided in sec. 47 of this Act, this Act takes                          
effect on the day on which the Big Game Commercial Services Board                                   
convenes its first meeting.  The commissioner of community and                                      
economic development shall inform the revisor of statutes and the                                   

2004-05-11                     Senate Journal                      Page 3694
lieutenant governor of the date on which the Big Game Commercial                                    
Services Board convenes its first meeting."                                                         
                                                                                                    
Senator Ogan moved for the adoption of Amendment No. 1. Senator                                     
Ellis objected, then withdrew his objection. There being no further                                 
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
SENATE CS FOR HOUSE BILL NO. 464(FIN) am S was                                                      
automatically in third reading on reconsideration.                                                  
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR HOUSE                                         
BILL NO. 464(FIN) am S "An Act extending the termination date of                                    
the Board of Certified Real Estate Appraisers; relating to the Big                                  
Game Commercial Services Board and to the regulation of big game                                    
hunting services and transportation services; and providing for an                                  
effective date" (Title change authorized by SCR 31) pass the Senate?"                               
The roll was taken with the following result:                                                       
                                                                                                    
SCS HB 464(FIN) am S                                                                                
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, SENATE CS FOR HOUSE BILL NO. 464(FIN) am S 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.                                                 
                                                                                                    
Engrossment was waived under Uniform Rule 43(b) and the bill was                                    
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3695
                              Senate Resolutions                                                 
                                                                                                    
SCR 31                                                                                            
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE CONCURRENT RESOLUTION NO. 31 BY THE                                                          
SENATE RESOURCES COMMITTEE Suspending Rules 24(c), 35,                                              
41(b), and 42(e), Uniform Rules of the Alaska State Legislature,                                    
concerning House Bill No. 464, relating to the termination date of the                              
Board of Certified Real Estate Appraisers, be taken up at this time.                                
Without objection, it was so ordered.                                                               
                                                                                                    
SENATE CONCURRENT RESOLUTION NO. 31 was read the first                                              
time and was before the Senate on final passage.                                                    
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 31 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning House Bill No. 464,                                     
relating to the termination date of the Board of Certified Real Estate                              
Appraisers, pass the Senate?" The roll was taken with the following                                 
result:                                                                                             
                                                                                                    
SCR 31                                                                                              
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 CONCURRENT RESOLUTION NO. 31 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
                                                                                                    
                                Concur Messages                                                  
                                                                                                    
SB 357                                                                                            
Message dated May 11 was read, stating the House passed CS FOR                                      
SENATE BILL NO. 357(FIN) "An Act relating to the regulation of                                      
insurance, insurance licenses, qualifications of insurance producers,                               
surplus lines, fraud investigations, electronic transactions, and                                   
compliance with federal law and national standards; and providing for                               
an effective date" with the following amendments:                                                   

2004-05-11                     Senate Journal                      Page 3696
                      HOUSE CS FOR CS FOR SENATE BILL NO.                                          
            357(FIN) am H                                                                           
                                                                                                    
and with a House Letter of Intent.                                                                  
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments and recommended the body vote no.                                                        
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 357(FIN) am H                                                                              
Shall the Senate Concur in the House                                                                
Amendments to CSSB 357(FIN)? EFDs-Letter of Intent                                                  
                                                                                                    
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Lincoln,                                 
Olson, Wagoner                                                                                      
                                                                                                    
Nays:  Bunde, Cowdery, Green, Ogan, Seekins, Stedman, Stevens B,                                    
Stevens G, Therriault, Wilken                                                                       
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendments.                                                
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
Letter dated May 10 from Senator Ralph Seekins and Senator Scott                                    
Ogan was read, stating:                                                                             
                                                                                                    
With this letter we wish to acknowledge and record our sincere and                                  
deep appreciation for the medical services that Senator Donny Olson                                 
has rendered to members and staff of the Alaska State Legislature.                                  
                                                                                                    
Too frequently we have had medical events where fortunately he has                                  
been on scene in seconds, assessing and stabilizing the situation until                             
other medical personnel and equipment can arrive.                                                   
                                                                                                    

2004-05-11                     Senate Journal                      Page 3697
The events themselves give us a sense of our vulnerability  in this                                 
stressful arena of public service. His quick response, professionalism                              
and take-charge attitude have been a relief and comfort to us. His                                  
actions exemplify the value of medical caregivers.                                                  
                                                                                                    
Moreover, he has been generously available to all of us to respond to                               
personal medical complaints and uncertainties. In effect, he has been                               
our resident doctor, not only making "House calls" but also "Senate                                 
calls."                                                                                             
                                                                                                    
We are most grateful for the actions and attention of Senator - and                                 
Doctor - Donny Olson, and express our sincere appreciation for the                                  
professionalism and compassion of this true friend who is always there                              
in time of need.                                                                                    
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
HB 319                                                                                            
The Finance 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(FIN)                                                                                
                                                                                                    
Signing do pass: Senator Wilken, Cochair; Senators Dyson, Bunde,                                    
Ben Stevens. Signing no recommendation: Senator Green, Cochair;                                     
Senator Olson.                                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 4, zero, Department of Natural Resources                                           
 Fiscal Note No. 5, Department of Natural Resources                                                 
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3698
                           Special Committee Reports                                             
                                                                                                    
SB 30                                                                                             
The following report was received and distributed at 1:12 p.m., May                                 
11:                                                                                                 
                                                                                  May 11, 2004      
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE considered CS FOR SENATE                                                   
BILL NO. 30(JUD) am "An Act relating to information and services                                    
available to pregnant women and other persons; and ensuring                                         
informed consent before an abortion may be performed, except in                                     
cases of medical emergency" and HOUSE CS FOR CS FOR SENATE                                          
BILL NO. 30(JUD) "An Act relating to information and services                                       
available to pregnant women and other persons; ensuring informed                                    
consent before an abortion may be performed; and providing                                          
exceptions to informed consent in certain cases" and recommends                                     
                                                                                                    
            CONFERENCE CS FOR SENATE BILL NO. 30                                                    
            "An Act relating to information and services                                            
            available to pregnant women and other persons;                                          
            ensuring informed consent before an abortion may be                                     
            performed; and providing exceptions to informed                                         
            consent in certain cases."                                                              
                                                                                                    
be adopted.                                                                                         
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 3, Department of Health and Social Services                                        
 Fiscal Note No. 4, Department of Health and Social Services                                        
                                                                                                    
Signing the report: Senator Dyson, Chair, Senators Seekins, Lincoln;                                
Representative Dahlstrom, Chair, Representatives Coghill, Cissna.                                   
                                                                                                    
Senator Ben Stevens moved that the Senate adopt the Conference                                      
Committee Report on CONFERENCE CS FOR SENATE BILL NO.                                               
30.                                                                                                 
                                                                                                    

2004-05-11                     Senate Journal                      Page 3699
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR SENATE BILL NO.                                               
30 "An Act relating to information and services available to pregnant                               
women and other persons; ensuring informed consent before an                                        
abortion may be performed; and providing exceptions to informed                                     
consent in certain cases"?" The roll was taken with the following                                   
result:                                                                                             
                                                                                                    
CCS SB 30                                                                                           
Shall the Senate Adopt the Conference                                                               
Committee Report on CCS SB 30?                                                                      
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Olson,                                          
Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                 
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Lincoln                                                  
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for engrossment and enrollment.                              
                                                                                                    
HB 375                                                                                            
The following report was received and distributed at 1:45 a.m. on the                               
     th                                                                                             
120legislative day:                                                                                 
                                                                                  May 11, 2004      
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE with limited powers of free                                                
conference considered CS FOR HOUSE BILL NO. 375(FIN) am "An                                         
Act making appropriations for the operating and loan program                                        
expenses of state government, for certain programs, and to capitalize                               
funds; and providing for an effective date" and SENATE CS FOR CS                                    
FOR HOUSE BILL NO. 375(FIN) am S(brf sup maj fld S) and                                             
recommends                                                                                          
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3700
            CONFERENCE CS FOR HOUSE BILL NO. 375                                                    
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Representative Harris, Chair, Representatives                                   
Williams, Croft; Senators Green, Wilken, Hoffman                                                    
                                                                                                    
Senator Ben Stevens moved that the Senate adopt the Conference                                      
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                
375.                                                                                                
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                
375 "An Act making appropriations for the operating and loan                                        
program expenses of state government, for certain programs, and to                                  
capitalize funds; and providing for an effective date"?" The roll was                               
taken with the following result:                                                                    
                                                                                                    
CCS HB 375                                                                                          
Adopt Conference Committee Report?                                                                  
Effective Dates                                                                                     
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, French, Green, Hoffman, Ogan,                                         
Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                 
                                                                                                    
Nays:  Davis, Ellis, Elton, Guess, Lincoln, Olson                                                   
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the adoption of the conference committee report be considered                               
the vote on the effective date clauses. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
HB 377                                                                                            
The following report was received and distributed at 1:45 a.m. on the                               
     th                                                                                             
120 legislative day:                                                                                
                                                                                  May 11, 2004      

2004-05-11                     Senate Journal                      Page 3701
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE with limited powers of free                                                
conference considered CS FOR HOUSE BILL NO. 377(FIN) "An Act                                        
making appropriations for the operating and capital expenses of the                                 
state's integrated comprehensive mental health program; and providing                               
for an effective date" and SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 377(FIN) and recommends                                                                         
                                                                                                    
            CONFERENCE CS FOR HOUSE BILL NO. 377                                                    
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Representative Harris, Chair, Representatives                                   
Williams, Croft; Senators Green, Wilken, Hoffman                                                    
                                                                                                    
Senator Ben Stevens moved that the Senate adopt the Conference                                      
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                
377.                                                                                                
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                
377 "An Act making appropriations for the operating and capital                                     
expenses of the state's integrated comprehensive mental health                                      
program; and providing for an effective date"?" The roll was taken                                  
with the following result:                                                                          
                                                                                                    
CCS HB 377                                                                                          
Adopt Conference Committee Report?                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3702
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the adoption of the conference committee report be considered                               
the vote on the effective date clause. Without objection, it was so                                 
ordered.                                                                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 301                                                                                            
                                                                                  May 10, 2004      
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The Conference Committee considering CS FOR SENATE BILL NO.                                         
301(FIN) "An Act relating to the Alaska Pioneers' Home and the                                      
Alaska Veterans' Home; relating to eligibility for admission to the                                 
Alaska Pioneers' Home and Alaska Veterans' Home; relating to the                                    
eligibility of residents for the Alaska Pioneers' Home and the Alaska                               
Veterans' Home for general relief assistance; relating to state veterans'                           
home facilities; making conforming amendments; and providing for an                                 
effective date" and HOUSE CS FOR CS FOR SENATE BILL NO.                                             
301(FIN) am H, respectfully requests limited powers of free                                         
conference pursuant to Uniform Rule 42 of the Alaska State                                          
Legislature. We request this authority to address the following points:                             
                                                                                                    
House Changes to Senate Bill 301                                                                  
                                                                                                    
Change to section 2 amending Sec. 15.05.020.  Rules for determining                               
residence of voter                                                                                
                                                                                                    
            Page 3 line 3 changed "by the voter notifying " to "if the voter                      
            notifies"                                                                             
                                                                                                    
Changes to section 15 amending Sec. 47.55.010.  Maintenance and                                   
operation of Alaska Pioneers' Home and Alaska Veterans' Home.                                     
                                                                                                    
1. On page 6 line 31 and page 7 lines 2 and 5 the words "and                                        
      operate" were added following the word "maintain"                                             
2. On page 7 " Anchorage, Fairbanks, Juneau, Ketchikan, Palmer"                                     
      were added after the word "Sitka" to indicate the places where                                
      Pioneers' Homes are operated.                                                                 

2004-05-11                     Senate Journal                      Page 3703
3. Page 8  added lines 12 - 14 to read "(f)  The department shall                                   
      conduct, at least annually, an unannounced inspection of each site                            
      of the Alaska Pioneers' Home and the Alaska Veterans' Home to                                 
      determine compliance of the facilities with all applicable laws and                           
      regulations.                                                                                  
4. Page 6 line 30 added the phrase "Except as otherwise provided in                                 
      this subsection," after (a).                                                                  
                                                                                                    
Changes to section 16 amending Sec. 47.55.020.  Admission to a                                    
home                                                                                              
                                                                                                    
      1. Page 8 Line 27 changes the amount of income an individual                                  
            who is being subsidized for the cost of care can keep from                              
            $100 to $150 each month.                                                                
      2. Page 9 line 17 makes conforming change increasing $100 to                                  
            $150.                                                                                   
      3. Page 10 line 8 increases the value of personal property a                                  
              subsidized resident may keep from $5,000 to 10,000.                                  
                                                                                                    
Signing the report: Senator Bunde, Chair, Senators Stedman, Olson;                                  
Representative Foster, Chair, Representatives Wilson, Gruenberg                                     
                                                                                                    
President Therriault granted the Senate members limited powers of                                   
free conference as requested.                                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The following report was received and distributed at 10:00 a.m., May                                
11:                                                                                                 
                                                                                  May 11, 2004      
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE with limited powers of free                                                
conference considered CS FOR SENATE BILL NO. 301(FIN) "An                                           
Act relating to the Alaska Pioneers' Home and the Alaska Veterans'                                  
Home; relating to eligibility for admission to the Alaska Pioneers'                                 
Home and Alaska Veterans' Home; relating to the eligibility of                                      
residents for the Alaska Pioneers' Home and the Alaska Veterans'                                    

2004-05-11                     Senate Journal                      Page 3704
Home for general relief assistance; relating to state veterans' home                                
facilities; making conforming amendments; and providing for an                                      
effective date" and HOUSE CS FOR CS FOR SENATE BILL NO.                                             
301(FIN) am H, and recommends                                                                       
                                                                                                    
            CONFERENCE CS FOR SENATE BILL NO. 301                                                   
                                                                                                    
be adopted with House and Senate Letters of Intent.                                                 
                                                                                                    
Signing the report: Senator Bunde, Chair, Senators Stedman, Olson;                                  
Representative Foster, Chair, Representatives Wilson, Gruenberg.                                    
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Health and Social Services                                        
                                                                                                    
Senator Ben Stevens moved that the Senate adopt the Conference                                      
Committee Report on CONFERENCE CS FOR SENATE BILL NO.                                               
301.                                                                                                
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR SENATE BILL NO.                                               
301 "An Act relating to the Alaska Pioneers' Home and the Alaska                                    
Veterans' Home; relating to eligibility for admission to the Alaska                                 
Pioneers' Home and Alaska Veterans' Home; relating to the eligibility                               
of residents for the Alaska Pioneers' Home and the Alaska Veterans'                                 
Home for general relief assistance; relating to state veterans' home                                
facilities; making conforming amendments; and providing for an                                      
effective date"?" The roll was taken with the following result:                                     
                                                                                                    
CCS SB 301                                                                                          
Adopt Conference Committee Report?                                                                  
Letters of Intent                                                                                   
                                                                                                    
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 report was adopted.                                                                     
                                                                                                    

2004-05-11                     Senate Journal                      Page 3705
Senator Ben Stevens moved and asked unanimous consent for the                                       
adoption of the effective date clauses. The question being: "Shall the                              
effective date clauses be adopted?" The roll was taken with the                                     
following result:                                                                                   
                                                                                                    
CCS SB 301                                                                                          
Effective Date Clauses                                                                              
                                                                                                    
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, the effective date clauses were adopted.                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent for the                                       
adoption of the Legislative and House Letters of Intent. Without                                    
objection, the Legislative Letters of Intent were adopted.                                          
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for engrossment and enrollment.                              
                                                                                                    
HB 414                                                                                            
The following report was received and distributed at 2:40 p.m., May 8,                              
and held on the Secretary's desk (page 3470):                                                       
                                                                                                    
                                                                                    May 8, 2004     
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE 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 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                                                             
                                                                                                    

2004-05-11                     Senate Journal                      Page 3706
            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.                                                                                         
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Office of the Governor                                                    
                                                                                                    
Signing the report: Representative McGuire, Chair, Representatives                                  
Anderson, Crawford; Senator Seekins, Chair, Senators Wagoner,                                       
French                                                                                              
                                                                                                    
Senator Ben Stevens moved that the Senate adopt the Conference                                      
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                
414.                                                                                                
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on 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"?" The roll was taken with the following result:                                     
                                                                                                    
CCS HB 414                                                                                          
Adopt Conference Committee Report?                                                                  
                                                                                                    
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 report was adopted.                                                                     
                                                                                                    
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:                                             
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3707
                                                                                                    
CCS HB 414                                                                                          
Effective Date Clause                                                                               
                                                                                                    
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, the effective date clause was adopted.                                                      
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                              Senate Resolutions                                                 
                                                                                                    
SCR 29                                                                                            
SENATE CONCURRENT RESOLUTION NO. 29 was not                                                         
introduced.                                                                                         
                                                                                                    
SCR 32                                                                                            
SENATE CONCURRENT RESOLUTION NO. 32 BY THE                                                          
SENATE FINANCE COMMITTEE,                                                                           
                                                                                                    
            Suspending Rules 24(c), 35, 41(b), and 42(e),                                           
            Uniform Rules of the Alaska State Legislature,                                          
            concerning House Bill No. 503, relating to the                                          
            tobacco product Master Settlement Agreement.                                            
                                                                                                    
was read the first time held on the Secretary's desk.                                               
                                                                                                    
SCR 30                                                                                            
SENATE CONCURRENT RESOLUTION NO. 30 BY THE                                                          
SENATE FINANCE COMMITTEE was read the first time and was                                            
before the Senate on final passage.                                                                 
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 30 Suspending Rules 24(c), 35, 41(b), 42(c) and 42(e), Uniform                                  
Rules of the Alaska State Legislature, concerning Senate Bill No. 283,                              
relating to appropriations from the constitutional budget reserve fund,                             
pass the Senate?" The roll was taken with the following result:                                     

2004-05-11                     Senate Journal                      Page 3708
                                                                                                    
SCR 30                                                                                              
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 CONCURRENT RESOLUTION NO. 30 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
                                                                                                    
                         Consideration of the Calendar                                           
                                                                                                    
                         Second Reading of House Bills                                           
                                                                                                    
HB 196                                                                                            
CS FOR HOUSE BILL NO. 196(RES) "An Act relating to carbon                                           
sequestration; and providing for an effective date" was read the second                             
time.                                                                                               
                                                                                                    
Senator Ogan, Chair, moved and asked unanimous consent for the                                      
adoption of the Resources Senate Committee Substitute offered on                                    
page 3415. Without objection, SENATE CS FOR CS FOR HOUSE                                            
BILL NO. 196(RES) was adopted.                                                                      
                                                                                                    
Senator Ogan offered Amendment No. 1:                                                               
                                                                                                    
Page 1, line 5:                                                                                     
            Delete "(a)"                                                                            
                                                                                                    
Page 1, lines 6 - 10:                                                                               
            Delete all material.                                                                    
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Page 1, lines 13 - 14:                                                                              
            Delete "and help offset carbon dioxide emissions from other                             
sectors of the economy"                                                                             

2004-05-11                     Senate Journal                      Page 3709
Page 2, lines 4 - 6:                                                                                
            Delete all material.                                                                    
                                                                                                    
Page 3, lines 23 - 26:                                                                              
            Delete all material.                                                                    
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Page 4, lines 9 - 10:                                                                               
            Delete ", The Pew Charitable Trusts,"                                                   
                                                                                                    
Senator Ogan moved for the adoption of Amendment No. 1. Without                                     
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 196(RES) am S was                                               
read the third time.                                                                                
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 196(RES) am S "An Act relating to carbon sequestration; and                                     
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSHB 196(RES) am S                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 196(RES) am                                             
S 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.                                                  

2004-05-11                     Senate Journal                      Page 3710
Engrossment was waived under Uniform Rule 43(b) and the bill was                                    
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
Senators French, Dyson, Elton, Ellis, Guess moved and asked                                         
unanimous consent to be shown as cross sponsors on the bill. Without                                
objection, it was so ordered.                                                                       
                                                                                                    
HB 295                                                                                            
CS FOR HOUSE BILL NO. 295(STA) am "An Act relating to the                                           
publishing, furnishing, and contents of certain notices regarding                                   
regulations or rules of certain state agencies and entities; relating to                            
distribution of the Alaska Administrative Code, Alaska Administrative                               
Register, and supplements to the code or register; 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                                 
3511. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 295(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.                                                                    
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 295(FIN) was not                                                
advanced on the same day and was returned to the House for                                          
permanent filing.                                                                                   
                                                                                                    
HB 309                                                                                            
CS FOR HOUSE BILL NO. 309(JUD) am "An Act relating to                                               
nonindigenous fish" was read the second time.                                                       
                                                                                                    
Senator Ogan, Chair, moved and asked unanimous consent for the                                      
adoption of the Resources Senate Committee Substitute offered on                                    
page 3465. Without objection, SENATE CS FOR CS FOR HOUSE                                            
BILL NO. 309(RES) was adopted.                                                                      
                                                                                                    
Senator Seekins offered Amendment No. 1:                                                            
                                                                                                    

2004-05-11                     Senate Journal                      Page 3711
Page 1, line 1, following "nonindigenous fish":                                                   
            Insert "and consecutive sentencing; and providing for an                              
effective date"                                                                                   
                                                                                                    
Page 1, line 5, following "that":                                                                   
            Insert "section 4 of"                                                                   
                                                                                                    
Page 1, following line 8:                                                                           
            Insert new bill sections to read:                                                       
   "* Sec. 2.  AS 12.55.025(c) is amended to read:                                                
         (c)  Except as provided in (d) [AND (e)] of this section, when a                           
   defendant is sentenced to imprisonment, the term of confinement                                  
   commences on the date of imposition of sentence unless the court                                 
   specifically provides that the defendant must report to serve the                                
   sentence on another date.  If the court provides another date to begin                           
   the term of confinement, the court shall provide the defendant with                              
   written notice of the date, time, and location of the correctional                               
   facility to which the defendant must report.  A defendant shall                                  
   receive credit for time spent in custody pending trial, sentencing, or                           
   appeal, if the detention was in connection with the offense for which                            
   sentence was imposed.  A defendant may not receive credit for more                               
   than the actual time spent in custody pending trial, sentencing, or                              
   appeal.  The time during which a defendant is voluntarily absent                                 
   from official detention after the defendant has been sentenced may                               
   not be credited toward service of the sentence.                                                  
        * Sec. 3.  AS 12.55 is amended by adding a new section to read:                        
               Sec. 12.55.127.  Consecutive and concurrent terms of                           
   imprisonment.  (a)  If a defendant is required to serve a term of                              
   imprisonment under a separate judgment, a term of imprisonment                                   
   imposed in a later judgment, amended judgment, or probation                                      
   revocation shall be consecutive.                                                                 
               (b)  Except as provided in (c) of this section, if a defendant                       
   is being sentenced for two or more crimes in a single judgment,                                  
       terms of imprisonment may be concurrent or partially concurrent.                            
               (c)  If the defendant is being sentenced for                                         
                            (1)  escape, the term of imprisonment shall be                          
   consecutive to the term for the underlying crime;                                                
                            (2)  two or more crimes under AS 11.41, a                               
   consecutive term of imprisonment shall be imposed for at least                                   
                               (A)  the mandatory minimum term under                                

2004-05-11                     Senate Journal                      Page 3712
                  AS 12.55.125(a) for each additional crime that is murder                          
                  in the first degree;                                                              
                               (B)  the mandatory minimum term for each                             
                  additional crime that is an unclassified felony governed                          
                  by AS 12.55.125(b);                                                               
                               (C)  the presumptive term specified in                               
                  AS 12.55.125(c) or the active term of imprisonment,                               
                  whichever is less, for each additional crime that is                              
                             (i)  manslaughter; or                                                 
                                     (ii)  kidnapping that is a class A felony;                     
                               (D)  two years or the active term of                                 
      imprisonment, whichever is less, for each additional crime that is                            
      criminally negligent homicide;                                                                
                               (E)  one-fourth of the presumptive term under                        
      AS 12.55.125(c) or (i) for each additional crime that is sexual                               
      assault in the first degree under AS 11.41.410 or sexual abuse of a                           
      minor in the first degree under AS 11.41.434, or an attempt,                                  
      solicitation or conspiracy to commit those offenses; and                                      
                               (F)  some additional term of imprisonment for                        
      each additional crime, or each additional attempt or solicitation to                          
      commit the offense, under AS 11.41.200 - 11.41.250, 11.41.420 -                               
      11.41.432, 11.41.436 - 11.41.458, or 11.41.500 - 11.41.520.                                   
                             (d)  In this section,                                                 
                                           (1)  "active term of imprisonment"                       
                  means the total term of imprisonment imposed for a                                
                  crime, minus suspended imprisonment;                                              
                                           (2)  "additional crime" means a crime                    
                  that is not the primary crime;                                                    
                                           (3)  "primary crime" means the crime                     
                                                 (A)  for which the sentencing court                
                         imposes the longest active term of imprisonment; or                        
                                                 (B)  that is designated by the                     
                         sentencing court as the primary crime when no single                       
                         crime has the longest active term of imprisonment."                        
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, following line 23:                                                                          
Insert new bill sections to read:                                                                   
      "* Sec. 5.  AS 33.16.090(b) is amended to read:                                             
                                                                                                    

2004-05-11                     Senate Journal                      Page 3713
               (b)  Except as provided in (e) of this section, a prisoner is                        
   not eligible for discretionary parole during the term of a presumptive                           
   sentence; however, a prisoner is eligible for discretionary parole                               
   during a term of sentence enhancement imposed under                                              
   AS 12.55.155(a) or during the term of a consecutive or partially                                 
   consecutive presumptive sentence imposed under AS 12.55.127                                  
   [AS 12.55.025(e) OR (g)]. A prisoner sentenced to a mandatory 99-                                
   year term under AS 12.55.125(a) or a definite term under                                         
   AS 12.55.125(l) is not eligible for discretionary parole during the                              
   entire term.                                                                                     
      * Sec. 6.  AS 33.16.090(c) is amended to read:                                              
               (c)  Except as provided in (e) of this section, a prisoner                           
   eligible for discretionary parole during a period of sentence                                    
   enhancement imposed under AS 12.55.155(a) or during a                                            
   consecutive or partially consecutive presumptive sentence imposed                                
   under AS 12.55.127 [AS 12.55.025(e) OR (g)] shall serve the                                  
   unenhanced portion of the sentence or the initial presumptive                                    
   sentence before being otherwise eligible for discretionary parole                                
   under AS 33.16.100(c) or (d). For purposes of this subsection, the                               
   sentence for the most serious offense in the case of consecutive or                              
   partially consecutive presumptive sentences shall be considered the                              
   initial presumptive sentence. The unenhanced sentence or the initial                             
   presumptive sentence is considered served for purposes of                                        
   discretionary parole on the date the unenhanced or initial                                       
   presumptive sentence is due to expire less good time earned under                                
   AS 33.20.010.                                                                                    
      * Sec. 7.  AS 12.55.025(e), 12.55.025(g), and 12.55.025(h) are                              
   repealed.                                                                                        
      * Sec. 8.  APPLICABILITY.  Sections 2, 3, and 5 - 7 of this Act                             
   apply to offenses occurring on or after the effective date of those                              
   sections of this Act.                                                                            
      * Sec. 9.  Sections 2, 3, 5-9 of this Act take effect July 1,                               
   2004."                                                                                           
                                                                                                    
Senator Seekins moved for the adoption of Amendment No. 1. Senator                                  
Ellis objected, then withdrew his objection. There being no further                                 
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3714
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. 309(RES) am S "An                                               
Act relating to nonindigenous fish and consecutive sentencing; and                                  
providing for an effective date" (Title change authorized by SCR 33)                                
was read the third time.                                                                            
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 309(RES) am S "An Act relating to nonindigenous fish and                                        
consecutive sentencing; and providing for an effective date" pass the                               
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SCS CSHB 309(RES) am S                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 309(RES) am                                             
S 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.                                                  
                                                                                                    
Engrossment was waived under Uniform Rule 43(b) and the bill was                                    
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
HB 338                                                                                            
CS FOR HOUSE BILL NO. 338(HES) "An Act relating to attendance                                       
at public school; and providing for an effective date" was read the                                 
second time.                                                                                        
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3715
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. 338(HES) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 338(HES)                                           
"An Act relating to attendance at public school; and providing for an                               
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSHB 338(HES)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Hoffman, Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Green, Ogan, Therriault                                                                      
                                                                                                    
and so, CS FOR HOUSE BILL NO. 338(HES) 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.                                    
                                                                                                    
HB 341                                                                                            
HOUSE BILL NO. 341 "An Act relating to the dive fishery                                             
management assessment" 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. 341 was read the third time.                                                         
                                                                                                    
Senators Elton, Davis, Lincoln, Stedman moved and asked unanimous                                   
consent to be shown as cross sponsors on the bill. Without objection, it                            
was so ordered.                                                                                     

2004-05-11                     Senate Journal                      Page 3716
The question being: "Shall HOUSE BILL NO. 341 "An Act relating to                                   
the dive fishery management assessment" pass the Senate?" The roll                                  
was taken with the following result:                                                                
                                                                                                    
HB 341                                                                                              
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, HOUSE BILL NO. 341 passed the Senate, was signed by the                                     
President and Secretary and returned to the House.                                                  
                                                                                                    
HB 342                                                                                            
CS FOR HOUSE BILL NO. 342(FIN) am "An Act relating to driving                                       
while under the influence, to the definition of 'previously convicted,' to                          
alcohol-related offenses, to ignition interlock devices, and to the                                 
issuance of limited driver's licenses; and providing for an effective                               
date" 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. 342(FIN) am was read the third time.                                          
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 342(FIN) am                                        
"An Act relating to driving while under the influence, to the definition                            
of 'previously convicted,' to alcohol-related offenses, to ignition                                 
interlock devices, and to the issuance of limited driver's licenses; and                            
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3717
                                                                                                    
CSHB 342(FIN) am                                                                                    
Third Reading - Final Passage                                                                       
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 HOUSE BILL NO. 342(FIN) am passed the Senate.                                        
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered and the bill was                                 
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 353                                                                                            
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" 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                                   
Green objected.                                                                                     
                                                                                                    
CS FOR HOUSE BILL NO. 353(JUD) was not advanced at this time.                                       
                                                                                                    
HB 373                                                                                            
HOUSE BILL NO. 373 "An Act requiring warrants drawn by the                                          
Department of Administration against the state treasury to be                                       
negotiable instruments" 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.                                                                                           
                                                                                                    
HOUSE BILL NO. 373 was not advanced on the same day and was                                         
returned to the House for permanent filing.                                                         
                                                                                                    

2004-05-11                     Senate Journal                      Page 3718
HB 405                                                                                            
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" was read the second time.                                                                     
                                                                                                    
Senator Dyson, Chair, moved and asked unanimous consent for the                                     
adoption of the Health, Education and Social Services Senate                                        
Committee Substitute offered on page 3467. Without objection,                                       
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) 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.                                                                    
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 405(HES) was not                                                
advanced at this time.                                                                              
                                                                                                    
HB 422                                                                                            
CS FOR HOUSE BILL NO. 422(STA) "An Act repealing the special                                        
subaccount established in the constitutional budget reserve fund; 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.                                                                                           
                                                                                                    
CS FOR HOUSE BILL NO. 422(STA) was not advanced on the same                                         
day and was returned to the House for permanent filing.                                             
                                                                                                    
                              Senate Resolutions                                                 
                                                                                                    
SCR 33                                                                                            
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE CONCURRENT RESOLUTION NO. 33 BY THE                                                          
SENATE JUDICIARY COMMITTEE be taken up at this time.                                                
Without objection, it was so ordered.                                                               

2004-05-11                     Senate Journal                      Page 3719
SENATE CONCURRENT RESOLUTION NO. 33 was read the first                                              
time and was before the Senate on final passage.                                                    
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 33 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning House Bill No. 309,                                     
relating to nonindigenous fish, pass the Senate?" The roll was taken                                
with the following result:                                                                          
                                                                                                    
SCR 33                                                                                              
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 CONCURRENT RESOLUTION NO. 33 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
                   Second Reading of House Bills (continued)                                     
                                                                                                    
HB 430                                                                                            
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" 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. 430 was read the third time.                                                         
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the                                  
following result:                                                                                   
                                                                                                    

2004-05-11                     Senate Journal                      Page 3720
                                                                                                    
HB 430                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Stevens G,                                        
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Ogan, Stevens B, Therriault                                                                  
                                                                                                    
and so, HOUSE BILL NO. 430 passed the Senate, was signed by the                                     
President and Secretary and returned to the House.                                                  
                                                                                                    
HB 495                                                                                            
CS FOR HOUSE BILL NO. 495(FIN) "An Act allowing a joint action                                      
agency to encumber property interests for security purposes; declaring                              
certain joint action agencies to be political subdivisions for certain                              
purposes; restricting the sale of property of the joint action agency;                              
allowing the joint action agency to transfer property to security interest                          
holders under a security interest or to other parties without legislative                           
approval; and providing for an effective date" was read the second                                  
time.                                                                                               
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Senate Committee Substitute offered on page                                 
3597. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 495(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. 495(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 495(FIN) "An Act allowing a joint action agency to encumber                                     
property interests for security purposes; declaring certain joint action                            
agencies to be political subdivisions for certain purposes; restricting                             
the sale of property of the joint action agency; allowing the joint action                          

2004-05-11                     Senate Journal                      Page 3721
agency to transfer property to security interest holders under a security                           
interest or to other parties without legislative approval; and providing                            
for an effective date" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
SCS CSHB 495(FIN)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Ellis, Elton, French, Guess, Lincoln,                                 
Olson, Stedman, Stevens G                                                                           
                                                                                                    
Nays:  Dyson, Green, Hoffman, Ogan, Seekins, Stevens B, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Wilken changed from "Yea" to "Nay".                                                                 
Ogan changed from "Yea" to "Nay".                                                                   
Green changed from "Yea" to "Nay".                                                                  
Hoffman changed from "Yea" to "Nay".                                                                
Dyson changed from "Yea" to "Nay".                                                                  
Wagoner changed from "Yea" to "Nay".                                                                
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 495(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:                                                           
                                                                                                    
SCS CSHB 495(FIN)                                                                                   
Effective Date Clause                                                                               
                                                                                                    
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, the effective date clause was adopted and the bill was referred                             
to the Secretary for engrossment.                                                                   

2004-05-11                     Senate Journal                      Page 3722
                         Third Reading of House Bills                                            
                                                                                                    
HB 233                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 233(FIN) "An Act increasing the base student allocation used in                                 
the formula for state funding of public education; and providing for an                             
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SCS CSHB 233(FIN)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 233(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.                                                          
                                                                                                    
Senator Ben Stevens lifted the call.                                                                
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in recess to a call of the Chair. Without objection, the                               
Senate recessed at 8:32 p.m.                                                                        
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 9:51 p.m.                                                                  

2004-05-11                     Senate Journal                      Page 3723
Senator Ben Stevens called the Senate.                                                              
                                                                                                    
Ben Stevens moved and asked unanimous consent that the Senate                                       
return to Messages from the House. Without objection, the Senate                                    
returned to:                                                                                        
                                                                                                    
                            Messages from the House                                              
                                                                                                    
                                Concur Messages                                                  
                                                                                                    
SB 337                                                                                            
Message dated May 11 was read, stating the House passed CS FOR                                      
SENATE BILL NO. 337(L&C) "An Act relating to the powers of the                                      
Alaska Energy Authority to make grants and loans, to enter into                                     
contracts, and to improve, equip, operate, and maintain bulk fuel,                                  
waste energy, energy conservation, energy efficiency, and alternative                               
energy facilities and equipment; relating to the bulk fuel revolving                                
loan fund; relating to the Alaska Energy Authority's liability for the                              
provision of technical assistance to rural utilities; relating to the                               
Alaska Energy Authority's investment of the power development fund;                                 
repealing the electrical service extension fund; and providing for an                               
effective date" with the following amendment:                                                       
                                                                                                    
      HOUSE CS FOR CS FOR SENATE BILL NO. 337(FIN) am                                               
      H "An Act relating to the powers of the Alaska Energy                                         
      Authority to make grants and loans, to enter into contracts,                                  
      and to improve, equip, operate, and maintain bulk fuel, waste                                 
      energy, energy conservation, energy efficiency, and                                           
      alternative energy facilities and equipment; relating to the                                  
      bulk fuel revolving loan fund; relating to the Alaska Energy                                  
      Authority's liability for the provision of technical assistance                               
      to rural utilities; relating to the continuation of the motor fuel                            
      tax rate for fuel produced from the processing of                                             
      lignocellulose from wood or waste seafood; establishing a                                     
      hydrogen energy partnership; relating to the Alaska Energy                                    
      Authority's investment of the power development fund;                                         
      repealing the electrical service extension fund; and providing                                
      for an effective date." (Title change authorized by HCR 38)                                   
                                                                                                    
and the bill is returned for consideration.                                                         

2004-05-11                     Senate Journal                      Page 3724
House engrossment was waived in accordance with Uniform Rule                                        
43(b) with Certified Amendments attached.                                                           
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendments and recommended the body vote no.                                                        
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 337(FIN) am H                                                                              
Shall the Senate Concur in the House                                                                
Amendments to CSSB 337(L&C)?  Effective Dates                                                       
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendments.                                                
                                                                                                    
Without objection, the Senate advanced to:                                                          
                                                                                                    
                   Third Reading of House Bills (continued)                                      
                                                                                                    
HB 255                                                                                            
CS FOR HOUSE BILL NO. 255(FIN)(title am) was read the third                                         
time.                                                                                               
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken                                 
with the following result:                                                                          
                                                                                                    

2004-05-11                     Senate Journal                      Page 3725
                                                                                                    
CSHB 255(FIN)(title am)                                                                             
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, CS FOR HOUSE BILL NO. 255(FIN)(title am) passed the                                         
Senate, was signed by the President and Secretary and returned to the                               
House.                                                                                              
                                                                                                    
HB 275                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 275(JUD) was read                                               
the third time.                                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 275(JUD) "An Act relating to animals, and to the care of and to                                 
cruelty to animals" pass the Senate?" The roll was taken with the                                   
following result:                                                                                   
                                                                                                    
SCS CSHB 275(JUD)                                                                                   
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. 275(JUD)                                                
passed the Senate and was referred to the Secretary for engrossment.                                
                                                                                                    
HB 381                                                                                            
CS FOR HOUSE BILL NO. 381(RLS) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 381(RLS) "An                                       
Act relating to child endangerment" pass the Senate?" The roll was                                  
taken with the following result:                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3726
                                                                                                    
CSHB 381(RLS)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 381(RLS) passed the Senate, was                                       
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 474                                                                                            
CS FOR HOUSE BILL NO. 474(JUD) am was read the third time.                                          
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 474(JUD) am                                        
"An Act relating to civil liability associated with aircraft runways,                               
airfields, and landing areas" pass the Senate?" The roll was taken with                             
the following result:                                                                               
                                                                                                    
CSHB 474(JUD) 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 BILL NO. 474(JUD) am passed the Senate,                                        
was signed by the President and Secretary and returned to the House.                                
                                                                                                    
Senators Seekins, Wagoner, Gary Stevens, Dyson, Ogan, Cowdery,                                      
Bunde, Olson, Green moved and asked unanimous consent to be                                         
shown as cross sponsors on the bill. Without objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HB 503                                                                                            
HOUSE BILL NO. 503 "An Act relating to the tobacco product                                          
Master Settlement Agreement; and providing for an effective date"                                   
was read the third time.                                                                            
                                                                                                    

2004-05-11                     Senate Journal                      Page 3727
Senator Bunde 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 Wilken, Bunde, Ben Stevens, Seekins, Gary Stevens, Dyson,                                   
Elton, Ellis, Lincoln, Guess, Stedman, Cowdery offered Amendment                                    
No. 1:                                                                                              
                                                                                                    
Page 1, line 1, following "relating to":                                                          
            Insert "taxes on cigarettes and tobacco products, to tax                              
stamps on cigarettes, to forfeiture of cigarettes and of property                                 
used in the manufacture, transportation, facilitation of                                          
transportation, possession, offering for sale, or sale of unstamped                               
cigarettes, to unfair cigarette sales, and to licenses and licensees                              
under the Cigarette Tax Act;"                                                                     
                                                                                                    
Page 1, line 3:                                                                                     
            Insert new bill sections to read:                                                       
"* Section 1.  AS 43.50.030(d) is amended to read:                                                
                         (d)  For each license issued to a direct-buying                            
            retailer, and for each renewal, the fee is $50 [$25].                               
   * Sec. 2.  AS 43.50.035 is repealed and reenacted to read:                                     
                         Sec. 43.50.035.  Wholesaler-distributor license.  (a)                    
            A person outside of this state who sells or distributes                                 
            cigarettes into this state and is not required to be licensed                           
            under AS 43.50.010 may apply for a wholesaler-distributor                               
            license.                                                                                
                         (b)  A person outside of this state who sells or                           
            distributes cigarettes into this state, who is not required to be                       
            licensed under AS 43.50.010, and who wishes to purchase                                 
            stamps under this chapter shall be licensed as a wholesaler-                            
            distributor.                                                                            
                         (c)  The department shall adopt reasonable                                 
            regulations necessary for the collection of cigarette taxes on                          
            cigarette sales or distributions made by a wholesaler-                                  
            distributor licensee into this state and standards for                                  
                                     (1)  application and issuance of the license;                  
            and                                                                                     
                                     (2)  refusal to issue the license.                             
   * Sec. 3.  AS 43.50.090(a) is amended to read:                                                 

2004-05-11                     Senate Journal                      Page 3728
                         (a)  There is levied an excise tax of 38 mills on each                     
            cigarette imported or acquired in the state. The tax shall be                           
            paid through the use of stamps as provided in AS 43.50.500 -                            
            43.50.700.  A person who imports or acquires cigarettes in                          
            the state upon which a stamp required by this chapter has                           
            not been affixed in accordance with AS 43.50.500 -                                  
            43.50.700, who fails to apply to purchase stamps as                                 
            required by AS 43.50.540(a), and who fails to pay the tax                           
            through the use of stamps is not relieved [THE FAILURE                              
            TO PAY THE TAX THROUGH THE USE OF STAMPS                                                
            DOES NOT RELIEVE A PERSON] of the obligation to pay                                     
            taxes due under this chapter.  The person shall still pay the                           
            tax, and the tax is due on or before the end of the month                               
            following the month in which cigarettes were manufactured,                              
            imported, acquired, or sold in this state.  Cigarettes upon                             
            which the excise is imposed are not again subject to the excise                         
            when acquired by another person.                                                        
   * Sec. 4.  AS 43.50.170(1) is amended to read:                                                 
                                     (1)  "buyer" means a person who imports or                     
            acquires cigarettes for the person's own consumption from                               
            any source other than a manufacturer, distributor, direct-                              
            buying retailer, [OR] retailer, or wholesaler-distributor;                          
   * Sec. 5.  AS 43.50.170(3) is amended to read:                                                 
                                     (3)  "direct-buying retailer" means a person                   
            who is engaged in the sale of cigarettes at retail in this state,                       
            and who brings cigarettes or causes cigarettes to be brought                    
            [CIGARETTES] into the state that are not purchased from                             
            a wholesaler-distributor;                                                           
   * Sec. 6.  AS 43.50.170(4) is amended to read:                                                 
                                     (4)  "distributor" means a person who brings                   
            cigarettes that are not purchased from a wholesaler-                                
            distributor, or has cigarettes that are not purchased from a                    
            wholesaler-distributor brought into the state, and who sells                        
            or distributes at least 75 percent [PER CENT] of the                                
            cigarettes to others for resale in the state;                                           
   * Sec. 7.  AS 43.50.170(12) is amended to read:                                                
                                     (12)  "wholesaler-distributor" means a                         
            person outside this state who sells or distributes cigarettes into                      
            this state, [AND] who is not required to be licensed under                          
            AS 43.50.010, and who is licensed under AS 43.50.035.                               

2004-05-11                     Senate Journal                      Page 3729
   * Sec. 8.  AS 43.50.190(a) is amended to read:                                                 
                         (a)  There is levied an excise tax of 62 [12] mills on                 
            each cigarette imported or acquired in this state.                                      
   * Sec. 9.  AS 43.50.300 is amended to read:                                                    
                         Sec. 43.50.300.  Excise tax levied.  An excise tax is                    
            levied on tobacco products in the state at the rate of 100 [75]                     
            percent of the wholesale price of the tobacco products. The                             
            tax is levied when a person                                                             
                                     (1)  brings, or causes to be brought, a                        
            tobacco product into the state from outside the state for sale;                         
                                     (2)  makes, manufactures, or fabricates a                      
           tobacco product in the state for sale in the state; [OR]                                
                                     (3)  ships or transports a tobacco product to a                
            retailer in the state for sale by the retailer or to an individual                  
            for personal consumption; or                                                        
                                     (4)  brings, or causes to be brought, a                    
            tobacco product into the state from outside the state for                           
            personal consumption.                                                               
   * Sec. 10.  AS 43.50.320(a) is repealed and reenacted to read:                                 
                         (a)  Except as provided in (g) of this section, a person                   
            engaging in an activity described in AS 43.50.300(1) - (3)                              
            must be licensed by the department as a distributor, and a                              
            person engaging in an activity described in AS 43.50.300(4)                             
            must be licensed as a buyer.                                                            
   * Sec. 11.  AS 43.50.320(b) is amended to read:                                                
                         (b)  The department, upon application and payment                          
            of a fee of $50, shall issue a license for one year to a person                         
            who applies for a distributor license [UNDER (a) OF THIS                            
            SECTION].  The department, upon application and                                     
            payment of a fee of $25, shall issue a license for one year to                      
            a person who applies for a buyer license.                                           
   * Sec. 12.  AS 43.50.320(d) is amended to read:                                                
                         (d)  A distributor license issued under this section                   
            must include the name and address of the licensee, the type of                          
            business to be conducted, and the year for which the license is                         
            issued.                                                                                 
   * Sec. 13.  AS 43.50.320(e) is amended to read:                                                
                         (e)  The department may renew a distributor license                    
            issued under this section for a fee of $50.  The department                         
            may renew a buyer license issued under this section for a                           

2004-05-11                     Senate Journal                      Page 3730
            fee of $25.                                                                         
   * Sec. 14.  AS 43.50.330(a) is amended to read:                                                
                         (a)  On or before the last day of each calendar month,                     
            a licensee shall file a return with the department. The return                          
            must state the number or amount of tobacco products sold or                         
            imported for personal consumption by the licensee during                            
            the preceding calendar month, the selling price or purchase                         
            price of the tobacco products, and the amount of tax imposed                        
            on the tobacco products.                                                                
   * Sec. 15.  AS 43.50.390(2) is amended to read:                                                
                                     (2)  "licensee" means a distributor or buyer               
            who is                                                                                  
                                                 (A)  licensed under AS 43.50.320;                  
                         or                                                                         
                                                 (B)  exempted by AS 43.50.320(g)                   
                      from licensing under AS 43.50.320;                                           
   * Sec. 16.  AS 43.50.390 is amended by adding a new paragraph to                               
read:                                                                                               
                                     (6)  "buyer" means a person who imports                        
            tobacco products for the person's own consumption from any                              
            source other than a licensee.                                                           
   * Sec. 17.  AS 43.50.540(f) is amended to read:                                                
                         (f)  Title to the stamps passes immediately to the                         
            licensee at the time the stamps are obtained in person or, if the                       
            stamps are shipped or transported, at the time the stamps are                           
            placed in the United States mail or received by the common or                           
            private carrier. The licensee bears all costs associated with                           
            shipping or transporting the stamps.  The department may                            
            replace stamps lost or damaged in transit if the licensee                           
            provides proof acceptable to the department verifying that                          
            the loss or damage occurred while the stamps were in the                            
            possession of the shipping company and the shipping                                 
            company substantiates the loss or damage.  Damaged                                  
            stamps must be returned to the department before the                                
            department may replace them [AND ALL RISKS OF                                       
            POSSIBLE LOSS OR DAMAGE WHILE IN TRANSIT].                                              
   * Sec. 18.  AS 43.50.550(b) is amended to read:                                                
                         (b)  A licensee who submits an application for the                         
            purchase of stamps on a deferred-payment basis shall, as a                          
            condition of approval of the application, post a bond                               

2004-05-11                     Senate Journal                      Page 3731
            acceptable to the department in an amount equal to                                      
                                     (1)  200 percent of the maximum dollar                     
            amount of allowed monthly purchases under this section; or                          
                                     (2)  100 percent of the maximum dollar                     
            amount of allowed monthly purchases under this section if                           
            the licensee                                                                        
                                                 (A)  holds a license issued under              
                         AS 43.50.010 for a physical location in this state;                    
                         and                                                                    
                                                 (B)  has been in full compliance               
                         with the provisions of this title and regulations                      
                         adopted under this title during the preceding 60                       
                         months [AS A CONDITION OF APPROVAL OF                                  
                         THE APPLICATION].                                                          
   * Sec. 19.  AS 43.50.580(b) is amended to read:                                                
                         (b)  A licensee may possess unstamped cigarettes in                        
            this state if                                                                           
                                     (1)  the licensee posts a surety bond in an                    
            amount satisfactory to the department to ensure performance                             
            of its duties under this chapter; and                                                   
                                     (2)  unstamped cigarettes are necessary for                    
            the conduct of the licensee's business in making sales or                               
            distributions                                                                           
                                                 (A)  to an instrumentality of the              
                         federal government or an Indian tribal organization                        
                         authorized by law to possess cigarettes not taxed                          
                         under this chapter; or                                                 
                                                 (B)  to customers outside the state            
                         and the licensee provides proof acceptable to the                      
                         department that the licensee is properly licensed                      
                         in the jurisdictions outside the state where the                       
                         sales or distributions are made.                                       
   * Sec. 20.  AS 43.50.590(a) is amended to read:                                                
                         (a)  The department shall adopt procedures for a                           
            refund or credit to a licensee in the amount of the                                     
            denominated value, less the discount given under                                        
            AS 43.50.540, for                                                                       
                                     (1)  unused or damaged stamps; [OR]                            
                                     (2)  stamps affixed to cigarette packages that                 
            have become unfit for use or sale, are destroyed, or are                                

2004-05-11                     Senate Journal                      Page 3732
            returned to the manufacturer for credit or replacement if the                           
            licensee provides proof acceptable to the department that the                           
            cigarettes have not been and will not be consumed in this                               
            state; or                                                                           
                                     (3)  stamps affixed to cigarette packages                  
            that are sold or distributed outside the state if the licensee                      
            provides proof acceptable to the department that the                                
            cigarettes have not been and will not be consumed in this                           
            state and the licensee is properly licensed in the                                  
            jurisdictions outside the state where the sales or                                  
            distributions are made.                                                             
   * Sec. 21.  AS 43.50 is amended by adding a new section to read:                               
                         Sec. 43.50.625.  Forfeiture of other property.  (a)                      
            Upon a showing of probable cause that a person has                                      
            committed the crime of misconduct involving unstamped                                   
            cigarettes or stamps in the first degree under AS 43.50.640,                            
            the following are subject to forfeiture:                                                
                                     (1)  material and equipment used in the                        
            manufacture, sale, offering for sale, or possession for sale of                         
            cigarettes in this state in violation of AS 43.50.500 -                                 
            43.50.640 or 43.50.660 - 43.50.700;                                                     
                                     (2)  aircraft, vehicles, or vessels used to                    
            transport or facilitate the transportation of cigarettes                                
            manufactured, sold, offered for sale, or possessed for sale in                          
            this state in violation of AS 43.50.500 - 43.50.640 or                                  
            43.50.660 - 43.50.700;                                                                  
                                     (3)  money, securities, negotiable                             
            instruments, or other things of value used in financial                                 
            transactions derived from activity prohibited under                                     
            AS 43.50.500 - 43.50.640 or 43.50.660 - 43.50.700.                                      
                         (b)  Property subject to forfeiture under this section                     
            may be actually or constructively seized under an order issued                          
            by the superior court upon a showing of probable cause that                             
            the property is subject to forfeiture under this section.                               
            Constructive seizure is effected upon posting a signed notice                           
            of seizure on the item to be forfeited, stating the violation and                       
            the date and place of seizure.  Seizure without a court order                           
            may be made if                                                                          
                                     (1)  the seizure is incident to a valid arrest or              
            search;                                                                                 

2004-05-11                     Senate Journal                      Page 3733
                                     (2)  the property subject to seizure is the                    
            subject of a prior judgment in favor of the state; or                                   
                                     (3)  there is probable cause to believe that                   
            the property is subject to forfeiture under (a) of this section;                        
            property seized under this paragraph may be held for not more                           
            than 48 hours unless an order of forfeiture is issued by the                            
            court before the end of that time period.                                               
                         (c)  Within 30 days after a seizure under this section,                    
            the Department of Public Safety shall make reasonable efforts                           
            to ascertain the identity and whereabouts of any person                                 
            holding an interest, or an assignee of a person holding an                              
            interest, in the property seized, including a right to possession,                      
            or a lien, mortgage, or conditional sales contract.  The                                
            Department of Public Safety shall notify the person                                     
            ascertained to have an interest in the seized property of the                           
            impending forfeiture, and, before forfeiture, the Department                            
            of Public Safety shall publish, once a week for four                                    
            consecutive calendar weeks, a notice of the impending                                   
            forfeiture in a newspaper of general circulation in the judicial                        
            district in which the seizure was made, or if a newspaper is                            
            not published in that judicial district, in a newspaper                                 
            published in the state and distributed in that judicial district.                       
                         (d)  Property subject to forfeiture under (a) of this                      
            section may be forfeited                                                                
                                     (1)  upon conviction of a person for a                         
            violation of AS 43.50.640; or                                                           
                                     (2)  upon judgment by the superior court in a                  
            proceeding in rem that the property was used in a manner                                
            subjecting it to forfeiture under (a) of this section.                                  
                         (e)  The owner of property subject to forfeiture under                     
            (a) of this section is entitled to relief from the forfeiture in the                    
            nature of remission of the forfeiture if, in an action under (d)                        
            of this section,  the owner shows that the owner                                        
                                     (1)  was not a party to the violation;                         
                                     (2)  did not have actual knowledge or                          
            reasonable cause to believe that the property was used or was                           
            to be used in violation of the law; and                                                 
                                     (3)  did not have actual knowledge or                          
            reasonable cause to believe that the person committing the                              
            violation had, within the last 10 years,                                                

2004-05-11                     Senate Journal                      Page 3734
                                                 (A)  a criminal record for violating               
                         this chapter; or                                                           
                                                 (B)  committed other violations of                 
                         this chapter.                                                              
                         (f)  The court may allow the owner of property that is                     
            subject to forfeiture under (a) of this section to redeem the                           
            property by paying an amount determined by the court to be                              
            the fair market value of the property.                                                  
                         (g)  A person other than the owner holding, or the                         
            assignee of, a lien, mortgage, or conditional sales contract on,                        
            or the right to possession of property subject to forfeiture                            
            under (a) of this section is entitled to relief from the forfeiture                     
            in the nature of remission of the forfeiture if, in an action                           
            under (d) of this section, the person shows that the person                             
                                     (1)  was not a party to the violation                          
            subjecting the property to forfeiture;                                                  
                                     (2)  did not have actual knowledge or                          
            reasonable cause to believe that the property was used or was                           
            to be used in violation of the law; and                                                 
                                     (3)  did not have actual knowledge or                          
            reasonable cause to believe that the person committing the                              
            violation had, within the last 10 years,                                                
                                                 (A)  a criminal record for violating               
                         this chapter; or                                                           
                                                 (B)  committed other violations of                 
                         this chapter.                                                              
                         (h)  It is not a defense in an in rem forfeiture                           
            proceeding brought under (d)(2) of this section that a criminal                         
            proceeding is pending or has resulted in conviction or                                  
            acquittal of a person charged with violating AS 43.50.640.                              
                         (i)  Property forfeited under this section shall be                        
            placed in the custody of the commissioner of public safety for                          
            disposition according to an order entered by the court.  The                            
            court shall order destroyed any property forfeited under this                           
            section that is harmful to the public and may order any                                 
            property forfeited under this section that was seized in a                              
            municipality to be transferred to the municipality in which the                         
            property was seized or to another municipality affected by the                          
            crime for which the property was forfeited.  The state shall                            
            notify all municipalities affected by the crime of the forfeiture                       

2004-05-11                     Senate Journal                      Page 3735
            proceeding.  Other property shall be ordered sold and the                               
            proceeds used for payment of expenses of the proceedings for                            
            forfeiture and sale, including expenses of seizure, custody,                            
            and court costs.  The remainder of the proceeds shall be                                
            deposited in the general fund.                                                          
      (j)  The title to a vehicle or vessel forfeited to the state under this                       
section may be transferred by the state to a municipality or the local                              
governing body of a village for official use by the municipality or                                 
village, on condition that the vehicle or vessel not be available for use                           
by the defendant.                                                                                   
   * Sec. 22.  AS 43.50.640(a) is amended to read:                                                
                         (a)  A person commits the crime of misconduct                              
            involving unstamped cigarettes or stamps in the first degree if                         
            the person                                                                              
                                     (1)  with reckless disregard that the                          
            cigarettes are unstamped                                                                
                                                 (A)  sells or distributes 5,000                
                         [1,000] or more unstamped cigarettes in a single                           
                         transaction;                                                               
                                                 (B)  owns or possesses 5,000                   
                         [1,000] or more unstamped cigarettes with the intent                       
                         to sell; or                                                                
                                                 (C)  acquires, holds, transports,                  
                         imports, or possesses 10,000 or more unstamped                             
                         cigarettes; or                                                             
                                     (2)  with reckless disregard that the stamp                    
            was previously affixed to another cigarette package[;]                                 
                                                 (A)  affixes a previously used stamp               
                         to a cigarette package; or                                                 
                                                 (B)  possesses, sells, or distributes a            
                         previously used stamp.                                                     
   * Sec. 23.  AS 43.50.650(a) is amended to read:                                                
                         (a)  A person commits the crime of misconduct                              
            involving unstamped cigarettes or stamps in the second                                  
            degree if the person                                                                    
                                     (1)  with reckless disregard that the                          
            cigarettes are unstamped                                                                
                                                 (A)  sells or distributes at least one             
                         but fewer than 5,000 [1,000] unstamped cigarettes in                   
                         a single transaction;                                                      

2004-05-11                     Senate Journal                      Page 3736
                                                 (B)  owns or possesses at least one                
                         but fewer than  5,000 [1,000] unstamped cigarettes,                    
                         with intent to sell; or                                                    
                                                 (C)  acquires, holds, transports,                  
                         imports, or possesses at least one but fewer than                          
                         10,000 unstamped cigarettes; or                                            
                                     (2)  is not licensed under this chapter or                     
            otherwise authorized by the department to possess stamps and                            
            possesses a stamp that is not affixed to a cigarette package.                           
   * Sec. 24.  AS 43.50.710 is amended by adding a new subsection to                              
read:                                                                                               
                         (e)  Nothing in this section prohibits a manufacturer                      
            from offering promotions to a wholesaler or a retailer                                  
            provided the wholesale promotion is the same for all                                    
            participating wholesalers and the retail promotion is the same                          
            for all participating retailers.                                                        
   * Sec. 25.  AS 43.50.720 is amended to read:                                                   
                         Sec. 43.50.720.  Sale at less than cost; with gift or                    
            concession. In all advertisements, offers for sale, or sales                          
            involving two or more items when at least one of the items is                           
            cigarettes at a combined price, and in all advertisements,                              
            offers for sale, or sales involving the giving of any gift,                             
            concession, or coupon of any kind in conjunction with the sale                          
            of cigarettes, the wholesaler's or retailer's combined selling                          
            price may not be below the actual cost to the wholesaler or the                         
            actual cost to the retailer, respectively, of the total of all                          
            articles, products, commodities, gifts, and concessions                                 
            included in the transactions, except that, if any articles,                             
            products, commodities, gifts, or concessions are not                                    
            cigarettes, the actual [BASIC] cost shall be determined as                          
            provided under AS 43.50.800.                                                            
   * Sec. 26.  AS 43.50.760(b) is amended to read:                                                
                         (b)  The presumptive actual [WHOLESALE AND                             
            PRESUMPTIVE RETAIL] cost of cigarettes as determined                                    
            by the department under AS 43.50.800 [FROM THE                                      
            MANUFACTURER'S PRICE LIST] is considered competent                                      
            evidence in a court action or proceeding as tending to prove                            
            actual cost to the wholesaler or retailer complained against.  A                        
            party against whom the presumptive actual [WHOLESALE                                
            OR PRESUMPTIVE RETAIL] cost as determined by the                                        

2004-05-11                     Senate Journal                      Page 3737
            department is introduced in evidence has the right to offer                             
            evidence tending to prove any inaccuracy of the presumptive                             
            actual [WHOLESALE OR PRESUMPTIVE RETAIL] cost                                       
            or any statement of facts that would impair its probative                               
            value.                                                                                  
   * Sec. 27.  AS 43.50.770 is amended to read:                                                   
                         Sec. 43.50.770.  Determination of cost of cigarettes                     
            purchased outside of ordinary channels of trade.  In                                  
            establishing the actual [BASIC] cost of cigarettes to a                             
            wholesaler or retailer, the invoice cost [OR THE ACTUAL                                 
            COST] of cigarettes purchased at a forced, bankrupt, or                                 
            closeout sale, or other sale outside the ordinary channels of                           
            trade may not be used.                                                                  
   * Sec. 28.  AS 43.50.790(a) is amended to read:                                                
                         (a)  The department                                                        
                                     (1)  shall administer AS 43.50.710 -                           
            43.50.849;                                                                              
                                     (2)  may adopt regulations relating to the                     
            administration and enforcement of AS 43.50.710 - 43.50.849;                             
                                     (3)  may determine the actual [BASIC] cost                 
            of cigarettes to a wholesaler or retailer as provided in                            
            AS 43.50.800 [FROM INFORMATION OBTAINED FROM                                        
            A MANUFACTURER];                                                                        
                                     (4)  may, after reasonable notice and hearing,                 
            revoke or suspend a license issued under AS 43.50.010 or                                
            43.50.035 to a person who refuses or neglects to comply with                            
            a provision of AS 43.50.710 - 43.50.849.                                                
   * Sec. 29.  AS 43.50.800 is repealed and reenacted to read:                                    
                         Sec. 43.50.800.  Presumptions applicable to                              
            determination of cost.  (a)  The presumptive actual cost of                           
            cigarettes to a wholesaler is, for purposes of AS 43.50.710 -                           
            43.50.849, the presumptive wholesale cost as calculated by                              
            the department plus an amount equal to four and one-half                                
            percent of the presumptive wholesale cost to account for                                
            business costs.  For purposes of this section, the presumptive                          
            wholesale cost is the manufacturer's list price, less trade                             
          discounts, plus the full face value of all cigarette taxes.                              
                         (b)  The presumptive actual cost of cigarettes to a                        
            retailer is, for purposes of AS 43.50.710 - 43.50.849, the                              
            presumptive actual cost of cigarettes to the wholesaler as                              

2004-05-11                     Senate Journal                      Page 3738
            calculated by the department under (a) of this section, plus an                         
            amount equal to six percent of the presumptive actual cost of                           
            cigarettes to the wholesaler to account for business costs.                             
                         (c)  A wholesaler or retailer that wishes to advertise,                    
            offer to sell, or sell cigarettes at less than the presumptive                          
            actual cost to the wholesaler or retailer as calculated under (a)                       
            or (b) of this section must first obtain approval from the                              
            department.  The department may grant approval only if the                              
            wholesaler or retailer provides proof satisfactory to the                               
            department that the wholesaler or retailer's actual cost is lower                       
            than presumed.  Approval for cigarette sales at less than the                           
            presumptive actual cost as determined under (a) or (b) of this                          
            section may not be granted for a period longer than one year.                           
            In reviewing proof of actual wholesale or retail cost, the                              
            department may consider the costs reflected on the actual                               
            invoice, but may not consider cash discounts.  In reviewing                             
            proof of actual costs, the department may consider the                                  
            standards and methods of accounting regularly employed, and                             
            must include labor costs, rent, depreciation, selling costs,                            
            maintenance of equipment, delivery costs, all types of                                  
            licenses, taxes, insurance, advertising, preopening expenses,                           
            provision for impaired assets and closing costs, interest                               
            expenses, and provision for merger and restructuring                                    
            expenses.  The department shall adopt regulations under                                 
            which the wholesaler's and retailer's actual costs are                                  
             determined for purposes of AS 43.50.710 - 43.50.849."                                 
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, following line 22:                                                                          
            Insert new bill sections to read:                                                       
"* Sec. 33.  The uncodified law of the State of Alaska enacted in sec.                            
4, ch. 48, SLA 1997, is repealed and reenacted to read:                                             
                         Sec. 4.AS 43.50.190(a) is repealed and reenacted to                        
            read:                                                                                   
            (a)  There is levied an excise tax of 97.5 mills on each                                
cigarette imported or acquired in this state.                                                       
   * Sec. 34.  AS 43.50.740(b), 43.50.849(1), 43.50.849(6), and                                   
43.50.849(7) are repealed."                                                                         
                                                                                                    

2004-05-11                     Senate Journal                      Page 3739
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, line 25:                                                                                    
            Delete "Section 2"                                                                      
            Insert "Section 31"                                                                     
                                                                                                    
Page 3, line 26:                                                                                    
            Delete "sec. 1"                                                                         
            Insert "sec. 30"                                                                        
                                                                                                    
Page 3, line 28:                                                                                    
            Delete "Section 3"                                                                      
            Insert "Section 32"                                                                     
            Delete "sec. 1"                                                                         
            Insert "sec. 30"                                                                        
                                                                                                    
Page 3, line 29:                                                                                    
            Delete "sec. 2"                                                                         
            Insert "sec. 31"                                                                        
                                                                                                    
Page 3, line 30:                                                                                    
            Delete all material.                                                                    
            Insert a new bill section to read:                                                      
"* Sec. 36.  The uncodified law of the State of Alaska is amended by                              
adding a new section to read:                                                                       
            TRANSITION:  FLOOR STOCK TAX FOR CERTAIN                                                
CIGARETTES IN THE STATE ON THE EFFECTIVE DATE OF                                                    
THIS SECTION.  (a)  Notwithstanding any other provision to the                                      
contrary, a floor stock tax is imposed at 12:01 a.m. on the effective                               
date of this section upon every person in control or possession of                                  
cigarettes for sale or distribution in the state that were taxed at the rate                        
in effect before the effective date of this section.  The floor stock tax is                        
the difference between the tax computed on each cigarette as provided                               
in AS 43.50.190, as amended by sec. 8 of this Act, on the effective                                 
date of this section and the tax actually paid on each cigarette as                                 
required by AS 43.50.190 as it read on the day before the effective                                 
date of this section.  The person subject to the floor stock tax under                              
this section must provide proof that the tax required by AS 43.50.190,                              
as it read on the day before the effective date of this section, on each                            
cigarette was previously paid or the tax actually paid on each cigarette                            

2004-05-11                     Senate Journal                      Page 3740
is considered to be zero.                                                                           
            (b)  A person subject to the floor stock tax under this section                         
shall file a report on a form prescribed by the Department of Revenue                               
and pay the tax to the Department of Revenue in six sequential                                      
monthly installments.  The first installment shall be paid not later than                           
the last day of the month in which this section takes effect.  The                                  
penalty, interest, and taxpayer remedy provisions of AS 43.05 apply to                              
the floor stock tax under this section."                                                            
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, line 31:                                                                                    
            Delete "sec. 2"                                                                         
            Insert "sec. 31"                                                                        
            Delete "sec. 4(a)"                                                                      
            Insert "sec. 35(a)"                                                                     
                                                                                                    
Page 4, line 2:                                                                                     
            Delete "sec. 1"                                                                         
            Insert "sec. 30"                                                                        
                                                                                                    
Page 4, line 3:                                                                                     
            Delete "sec. 3"                                                                         
            Insert "sec. 32"                                                                        
            Delete "sec. 4(b)"                                                                      
            Insert "sec. 35(b)"                                                                     
                                                                                                    
Page 4, line 5:                                                                                     
            Delete "sec. 2"                                                                         
            Insert "sec. 31"                                                                        
                                                                                                    
Page 4, following line 5:                                                                           
            Insert a new bill section to read:                                                      
              "* Sec. 39.  Except as provided in secs. 37 and 38                                 
            of this Act, this Act takes effect July 1, 2004. "                                      
                                                                                                    
Senator Bunde moved for the adoption of Amendment No. 1.                                            
Objections were heard.                                                                              
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3741
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
HB 503                                                                                              
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G, Wilken                                      
                                                                                                    
Nays:  Green, Hoffman, Ogan, Therriault, Wagoner                                                    
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
HOUSE BILL NO. 503 am S (Title change authorized by SCR 32)                                         
was automatically in third reading.                                                                 
                                                                                                    
The question being: "Shall HOUSE BILL NO. 503 am S "An Act                                          
relating to taxes on cigarettes and tobacco products, to tax stamps on                              
cigarettes, to forfeiture of cigarettes and of property used in the                                 
manufacture, transportation, facilitation of transportation, possession,                            
offering for sale, or sale of unstamped cigarettes, to unfair cigarette                             
sales, and to licenses and licensees under the Cigarette Tax Act; the                               
tobacco product Master Settlement Agreement; and providing for an                                   
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
HB 503 am S                                                                                         
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G, Wilken                                      
                                                                                                    
Nays:  Green, Hoffman, Ogan, Therriault, Wagoner                                                    
                                                                                                    
and so, HOUSE BILL NO. 503 am S passed the Senate.                                                  
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3742
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.                                                 
                                                                                                    
Engrossment was waived under Uniform Rule 43(b) and the bill was                                    
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
HB 549                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 549(JUD) "An Act                                                
relating to unsolicited communications following an aircraft accident"                              
was read the third time.                                                                            
                                                                                                    
Senator French 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 French offered Amendment No. 1:                                                             
                                                                                                    
Page 2, lines 8 - 12:                                                                               
            Delete all material and insert:                                                         
      "(d)  The attorney general or an aggrieved person may institute a                             
civil action against a person who violates this section.  In addition to                            
injunctive and compensatory relief, a civil penalty not to exceed                                   
$10,000 may be imposed for each violation."                                                         
                                                                                                    
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Green objected.                                                                                     
                                                                                                    
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 Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3743
                                                                                                    
SCS CSHB 549(JUD)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Guess, Hoffman,                                 
Lincoln, Ogan, Olson, Wagoner                                                                       
                                                                                                    
Nays:  Bunde, Green, Seekins, Stedman, Stevens B, Stevens G,                                        
Therriault, Wilken                                                                                  
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 549(JUD) am S was                                               
automatically in third reading.                                                                     
                                                                                                    
Senator Olson declared a conflict of interest.                                                      
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 549(JUD) am S "An Act relating to unsolicited communications                                    
following an aircraft accident" pass the Senate?" The roll was taken                                
with the following result:                                                                          
                                                                                                    
SCS CSHB 549(JUD) am S                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, French, Hoffman, Lincoln, Ogan,                                       
Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner,                                 
Wilken                                                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, Green, Guess                                                            
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 549(JUD) am                                             
S passed the Senate.                                                                                
                                                                                                    
Engrossment was waived under Uniform Rule 43(b) and the bill was                                    
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3744
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SCR 32                                                                                            
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE CONCURRENT RESOLUTION NO. 32 BY THE                                                          
SENATE FINANCE COMMITTEE be taken up at this time. Without                                          
objection, it was so ordered.                                                                       
                                                                                                    
SENATE CONCURRENT RESOLUTION NO. 32 was read the                                                    
second time and was before the Senate on final passage.                                             
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 32 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning House Bill No. 503,                                     
relating to the tobacco product Master Settlement Agreement, pass the                               
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SCR 32                                                                                              
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 CONCURRENT RESOLUTION NO. 32 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
                   Third Reading of House Bills (continued)                                      
                                                                                                    
HB 563                                                                                            
CS FOR HOUSE BILL NO. 563(JUD) am(efd add) was read the third                                       
time.                                                                                               
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 563(JUD)                                           
am(efd add) "An Act relating to legislative branch ethics, to open                                  
meetings guidelines applicable to legislators, to the confidentiality of                            
complaints and proceedings involving alleged violations of AS 24.60,                                
and to hearings on formal charges by the Select Committee on                                        
Legislative Ethics or its subcommittees; and providing for an effective                             
date" pass the Senate?" The roll was taken with the following result:                               

2004-05-11                     Senate Journal                      Page 3745
                                                                                                    
CSHB 563(JUD) am(efd add)                                                                           
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Lincoln, Seekins,                                     
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Ogan, Olson                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 563(JUD) am(efd add) 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 563(JUD) am(efd add)                                                                           
Effective Date Clause                                                                               
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Olson,                                          
Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                 
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Lincoln                                                  
                                                                                                    
and so, the effective date clause was adopted and the bill was signed                               
by the President and Secretary and returned to the House.                                           
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SCR 26                                                                                            
SENATE CONCURRENT RESOLUTION NO. 26 was read the                                                    
second time and was before the Senate on final passage.                                             
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 26 Urging the Department of Health and Social Services to                                       
immediately adopt regulations to aggressively contain the costs of                                  
personal care services in the medical assistance program, pass the                                  
Senate?" The roll was taken with the following result:                                              

2004-05-11                     Senate Journal                      Page 3746
                                                                                                    
SCR 26                                                                                              
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, SENATE CONCURRENT RESOLUTION NO. 26 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
                      Second Reading of House Resolutions                                        
                                                                                                    
HJR 35                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 35(L&C) Relating to                                               
bovine spongiform encephalopathy, commonly known as mad cow                                         
disease, and country-of-origin labeling for meat products, 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.                                                               
                                                                                                    
CS FOR HOUSE JOINT RESOLUTION NO. 35(L&C) was read the                                              
third time.                                                                                         
                                                                                                    
The question being: "Shall CS FOR HOUSE JOINT RESOLUTION                                            
NO. 35(L&C) Relating to bovine spongiform encephalopathy,                                           
commonly known as mad cow disease, and country-of-origin labeling                                   
for meat products, pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
CSHJR 35(L&C)                                                                                       
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                                                              
                                                                                                    

2004-05-11                     Senate Journal                      Page 3747
and so, CS FOR HOUSE JOINT RESOLUTION NO. 35(L&C)                                                   
passed the Senate, was signed by the President and Secretary and                                    
returned to the House.                                                                              
                                                                                                    
HJR 41                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 41(RES) Relating to                                               
support for the Federal Land Recreational Visitor Protection Act, 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.                                                               
                                                                                                    
CS FOR HOUSE JOINT RESOLUTION NO. 41(RES) was read the                                              
third time.                                                                                         
                                                                                                    
The question being: "Shall CS FOR HOUSE JOINT RESOLUTION                                            
NO. 41(RES) Relating to support for the Federal Land Recreational                                   
Visitor Protection Act, pass the Senate?" The roll was taken with the                               
following result:                                                                                   
                                                                                                    
CSHJR 41(RES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE JOINT RESOLUTION NO. 41(RES) passed                                            
the Senate, was signed by the President and Secretary and returned to                               
the House.                                                                                          
                                                                                                    
HCR 32                                                                                            
CS FOR HOUSE CONCURRENT RESOLUTION NO. 32(EDT) am                                                   
Relating to information infrastructure and establishing the Alaska                                  
Information Infrastructure Policy Task Force, was read the second                                   
time.                                                                                               
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3748
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Senate Committee Substitute offered on page                                 
3513. Without objection, SENATE CS FOR CS FOR HOUSE                                                 
CONCURRENT RESOLUTION NO. 32(FIN) was adopted.                                                      
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE                                               
CONCURRENT RESOLUTION NO. 32(FIN) Relating to information                                           
infrastructure and establishing the Alaska Information Infrastructure                               
Policy Task Force, pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SCS CSHCR 32(FIN)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE CONCURRENT                                                       
RESOLUTION NO. 32(FIN) passed the Senate and was referred to                                        
the Secretary for engrossment.                                                                      
                                                                                                    
HCR 39                                                                                            
CS FOR HOUSE CONCURRENT RESOLUTION NO. 39(RLS) am                                                   
Establishing the Alaska Royalty and Revenue Committee, was read                                     
the second time.                                                                                    
                                                                                                    
Senator Ogan, Chair, moved and asked unanimous consent for the                                      
adoption of the Resources Senate Committee Substitute offered on                                    
page 3598. Without objection, SENATE CS FOR CS FOR HOUSE                                            
CONCURRENT RESOLUTION NO. 39(RES) Requesting a study                                                
and report on the competitiveness of the state's oil and gas tax and                                
royalty structure, was adopted, read the second time and was before                                 
the Senate on final passage.                                                                        
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE                                               
CONCURRENT RESOLUTION NO. 39(RES) Requesting a study                                                
and report on the competitiveness of the state's oil and gas tax and                                
royalty structure, pass the Senate?" The roll was taken with the                                    
following result:                                                                                   

2004-05-11                     Senate Journal                      Page 3749
                                                                                                    
SCS CSHCR 39(RES)                                                                                   
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Hoffman,                                  
Lincoln, Ogan, Olson, Stedman, Stevens B, Stevens G, Therriault,                                    
Wilken                                                                                              
                                                                                                    
Nays:  French, Guess, Seekins, Wagoner                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE CONCURRENT                                                       
RESOLUTION NO. 39(RES) passed the Senate and was referred to                                        
the Secretary for engrossment.                                                                      
                                                                                                    
                      Third Reading of House Resolutions                                         
                                                                                                    
HJR 36                                                                                            
SENATE CS FOR HOUSE JOINT RESOLUTION NO. 36(RES) was                                                
read the third time.                                                                                
                                                                                                    
The question being: "Shall SENATE CS FOR HOUSE JOINT                                                
RESOLUTION NO. 36(RES) Requesting the National Park Service to                                      
mitigate the adverse economic effects of commercial fishing closures                                
and restrictions in Glacier Bay National Park and Preserve, pass the                                
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SCS HJR 36(RES)                                                                                     
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, SENATE CS FOR HOUSE JOINT RESOLUTION NO.                                                    
36(RES) passed the Senate and was referred to the Secretary for                                     
engrossment.                                                                                        
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3750
                                   Citations                                                     
                                                                                                    
Honoring - Wilhelmenia and Reverend William Greene                                                  
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Ellis, Elton,                                  
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - James N. Wanamaker                                                                       
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, French,                                 
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - Soldotna Chamber of Commerce 2003 Community                                              
Awards                                                                                              
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
Honoring - Melody Douglas                                                                           
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
Honoring - Mayor John J. Williams, City of Kenai                                                    
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
Honoring - Fred Miller, Nikiski Chamber of Commerce 2004                                            
Community Service Award                                                                             
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
Representative(s)  Chenault                                                                         
                                                                                                    
Honoring - Donald and Christina Gregory                                                             
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
Representative(s) Weyhrauch, Kerttula                                                               

2004-05-11                     Senate Journal                      Page 3751
Commemorating - National Correctional Officers' Week, May 2-8,                                      
2004                                                                                                
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                
Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins,                                      
Stedman, Ben Stevens, Gary Stevens, Wilken                                                          
                                                                                                    
Honoring - Mountain View School                                                                     
Representative(s) Gruenberg                                                                         
Senator(s) Guess, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Elton, Green, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - Don Skewis                                                                               
Representative(s) Anderson, McGuire, Rokeberg                                                       
Senator(s) Guess, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Green, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - The House Records Staff                                                                  
Representative(s) Rokeberg, Kott, Coghill                                                           
Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins,                               
Stedman, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - The Legislative Affairs Agency Staff                                                     
Representative(s) Rokeberg, Kott, Coghill                                                           
Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins,                               
Stedman, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - The House Floor Staff, 2004 Legislative Staff                                            
Representative(s) Rokeberg, Kott, Coghill                                                           
Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins,                               
Stedman, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - The House Chief Clerk and Staff                                                          
Representative(s) Rokeberg, Kott, Coghill                                                           
Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins,                               
Stedman, Gary Stevens, Wagoner, Wilken                                                              

2004-05-11                     Senate Journal                      Page 3752
In Memoriam - James C. Parson                                                                       
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Ellis, Elton,                                  
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
In Memoriam - Marjorie (Anstey) Hughes                                                              
Senator(s) Cowdery, Therriault, Bunde, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Patricia N. Stevens                                                                   
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
Representative(s) Weyhrauch, Kerttula                                                               
                                                                                                    
In Memoriam - Michael Joseph Fenster                                                                
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
Representative(s) Weyhrauch, Kerttula                                                               
                                                                                                    
In Memoriam - Alpine Nichols Kameroff                                                               
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Olson, Seekins, Stedman, Ben Stevens, Gary                                   
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Robert E. (Bob) Keys                                                                  
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Ronald Earl Cunningham                                                                
Representative(s) Meyer                                                                             
Senator(s) Cowdery, Therriault, Bunde, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3753
In Memoriam - Eleanor Rose Lochner                                                                  
Representative(s) Stoltze, Ogg                                                                      
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Richard Dean Allen                                                                    
Representative(s) Rokeberg                                                                          
Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman,                                     
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Carl Rentschler                                                                       
Representative(s) Rokeberg                                                                          
Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman,                                     
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.                                                          
                                                                                                    
                         House Bills in Second Reading                                           
                                                                                                    
HB 353                                                                                            
Senator Green removed her objection to the motion to advance 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" from second to                                 
third reading in the same day.                                                                      
                                                                                                    
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. 353(JUD) was read the third time.                                             
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the                                       
following result:                                                                                   

2004-05-11                     Senate Journal                      Page 3754
                                                                                                    
CSHB 353(JUD)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Stevens G, Therriault, Wagoner                                                                      
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Wilken                                                                                   
                                                                                                    
and so, CS FOR HOUSE BILL NO. 353(JUD) passed the Senate.                                           
                                                                                                    
Senator Ben Stevens moved for the adoption of the Court Rule change.                                
                                                                                                    
The question being: "Shall the Court Rule change be adopted?" The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSHB 353(JUD)                                                                                       
Adopt Court Rule change?                                                                            
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                   
Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Bunde, Cowdery, Ogan                                                                         
                                                                                                    
and so, the Court Rule change was adopted and the bill was signed by                                
the President and Secretary and returned to the House.                                              
                                                                                                    
HB 405                                                                                            
Senator Ellis removed his objection to the motion to advance                                        
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" from second to third reading in the same day.                                
                                                                                                    
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.                                                      
                                                                                                    

2004-05-11                     Senate Journal                      Page 3755
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" was read the third time.                                                     
                                                                                                    
The question being: "Shall 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" pass the Senate?"                            
The roll was taken with the following result:                                                       
                                                                                                    
SCS CSHB 405(HES)                                                                                   
Third Reading - Final Passage                                                                       
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, SENATE CS FOR CS FOR HOUSE BILL NO. 405(HES)                                                
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 clauses. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                   Citations                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
First and Second Special Order of Business Citation Calendars be                                    
taken up at this time. Without objection, it was so ordered.                                        
                                                                                                    
               First Special Order of Business Citation Calendar                                 
                                                                                                    
Honoring - Kenai Chamber of Commerce                                                                
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    

2004-05-11                     Senate Journal                      Page 3756
Honoring - Vonda K. Brown                                                                           
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - UAF Men's Basketball Team                                                                
Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Lincoln, Olson, Stedman, Ben Stevens, Gary                                   
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
Honoring - Sigrid Aas                                                                               
Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Lincoln, Olson,  Stedman, Ben Stevens, Gary                                  
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
Honoring - John R. Kito, William Tyson Elementary School Principal                                  
Senator(s) Guess, Ben Stevens, Therriault, Bunde, Cowdery, Davis,                                   
Dyson, Ellis, Elton, Green, Hoffman, Lincoln, Olson, Seekins,                                       
Stedman, Gary Stevens, Wagoner, Wilken                                                              
Representative(s) Gruenberg                                                                         
                                                                                                    
Honoring - Centennial of Hope School                                                                
Representative(s) Hawker                                                                            
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins,                                      
Stedman, Ben Stevens, Gary Stevens, Wilken                                                          
                                                                                                    
Honoring - Kim Rampmeyer, Darrell Vincek, Bowman Elementary                                         
School                                                                                              
Representative(s) Lynn                                                                              
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Delta/Greely School District                                                             
Representative(s) Harris                                                                            
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3757
Honoring - Valdez City School District                                                              
Representative(s) Harris                                                                            
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Greg Pease                                                                               
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Max C. Brewer                                                                            
Representative(s) Joule                                                                             
Senator(s) Olson, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Rosemary Karish                                                                          
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 - Rear Admiral James Underwood                                                             
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, French, Green,                                 
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
                                           thth                                                     
Honoring - KTOO-FM's 30 and KTOO-TV's 25 Anniversary of                                             
Broadcasting                                                                                        
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, French,                                 
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - SAIL, Southeast Alaska Independent Living                                                
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    

2004-05-11                     Senate Journal                      Page 3758
Honoring - Big Brothers and Big Sisters of Southeast Alaska                                         
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, French,                                 
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - Kevin Ferry                                                                              
Representative(s) Gatto                                                                             
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - George V. Larson, II                                                                     
Representative(s) Gatto                                                                             
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Dana Phillips                                                                            
Representative(s) Gatto                                                                             
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Betty & Abner Nelson                                                                     
Representative(s) Ogg                                                                               
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
Honoring - Sgt. Alvin Cates                                                                         
Representative(s) Stepovich                                                                         
Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner                                                                      
                                                                                                    
Honoring - SPC Phillip Pitts                                                                        
Representative(s) Stepovich                                                                         
Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner                                                                      
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3759
In Memoriam - Ralph Sorensen                                                                        
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - John "Datu" Samuelson                                                                 
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Margaret "Maggie" Wigen                                                               
Senator(s) Lincoln, Elton, Therriault, Bunde, Cowdery, Davis, Dyson,                                
Ellis, French, Green, Guess, Hoffman, Ogan, Olson, Seekins,                                         
Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken                                                 
Representative(s) Weyhrauch                                                                         
                                                                                                    
In Memoriam - Alpine Nichols Kameroff                                                               
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Olson, Seekins, Stedman, Ben Stevens, Gary                                   
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Veronica Stromile                                                                     
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Bethany Rose Correira                                                                 
Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                   
Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins,                                      
Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken                                                 
Representative(s) Masek                                                                             
                                                                                                    
In Memoriam - James Magoffin, Sr.                                                                   
Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Lincoln, Olson, Stedman, Ben Stevens, Gary                                   
Stevens, Wagoner, Wilken                                                                            
Representative(s) Hawker                                                                            
                                                                                                    
In Memoriam - Dottie Magoffin                                                                       
Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Lincoln, Olson, Stedman, Ben Stevens, Gary                                   
Stevens, Wagoner, Wilken                                                                            
Representative(s) Hawker                                                                            

2004-05-11                     Senate Journal                      Page 3760
In Memoriam - Joshua Alexander Boycott                                                              
Senator(s) Seekins, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                
Green, Guess, Hoffman, Lincoln, Olson, Stedman, Ben Stevens, Gary                                   
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Leo A. Grasso, Sr.                                                                    
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
In Memoriam - Randy Dean Esquiro                                                                    
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
In Memoriam - Lois A. Calvin                                                                        
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
In Memoriam - Francis Frazier                                                                       
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
In Memoriam - Jack Austin III                                                                       
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
In Memoriam - Lisa Danette Bird                                                                     
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3761
In Memoriam - William Kozlowski                                                                     
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Matilda S. Dzinich                                                                    
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Phil Anderson                                                                         
Representative(s) Ogg                                                                               
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Jack L. Rhines                                                                        
Representative(s) Ogg                                                                               
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Joseph Graham                                                                         
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - The Filipino Heritage in Juneau and Alaska                                               
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                  
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
              Second Special Order of Business Citation Calendar                                 
                                                                                                    
Honoring - Representative Hugh 'Bud' Fate                                                           
Representative(s) Heinze                                                                            
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       

2004-05-11                     Senate Journal                      Page 3762
Honoring - *AARP ALASKA* Annual Day of Service                                                      
Representative(s) Masek                                                                             
Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                   
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - Mae M. Tischer                                                                           
Representative(s) Masek                                                                             
Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                   
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - Dollars For Dogs, INC                                                                    
Representative(s) Mike Hawker                                                                       
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Academy Charter School                                                                   
Representative(s) Gatto                                                                             
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Charles R. Brenton                                                                       
Representative(s) Berkowitz                                                                         
Senator(s) French, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - Cindy Aillaud  *DisneyHand Teacher Award*                                                
Representative(s) Harris                                                                            
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Clara "Billie" Lewis                                                                     
Senator(s) Ellis Therriault, Cowdery, Davis, Dyson, Elton, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       

2004-05-11                     Senate Journal                      Page 3763
In Memoriam-Keli Ann Mahoney                                                                        
Representative(s) Masek                                                                             
Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                   
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
In Memoriam - Katie Ann Gilila Rael * Taassi *                                                      
Representative(s) Kapsner                                                                           
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Kenneth Huizenga                                                                      
Representative(s) McGuire                                                                           
Senator(s) B Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                     
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman,                                     
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Bernard "Bernie" White                                                                
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                              Unfinished Business                                                
                                                                                                    
SB 283                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
Conference Committee Report on FREE CONFERENCE CS FOR                                               
SENATE BILL NO. 283 "An Act making, amending, and repealing                                         
appropriations, including capital appropriations, supplemental                                      
appropriations, reappropriations, and appropriations to capitalize                                  
funds; making appropriations under art. IX, sec. 17(c), Constitution of                             
the State of Alaska, from the constitutional budget reserve fund; and                               
providing for an effective date" (Uniform Rules Suspended by SCR                                    
30) be taken up at this time. Without objection, it was so ordered.                                 

2004-05-11                     Senate Journal                      Page 3764
Memo dated May 11 from the Division of Legal Services was                                           
received, stating:                                                                                  
                                                                                                    
Under Uniform Rule 42 (a) a conference committee must submit an                                     
identical conference committee report to each of the houses.  Each                                  
house may accept or reject the report, but cannot amend it.  The report                             
that has been delivered previously, FCCS SB 283, contains errors and                                
a corrected version of FCCS SB 283 is currently being prepared.                                     
                                                                                                    
If the Senate, in its course of business, takes up the conference                                   
committee report, FCCS SB 283 before the corrected version has been                                 
delivered, members must be advised that they will be voting on the                                  
report in front of them plus the corrections itemized in the                                        
memorandum to you from Kathryn Kurtz, Legislative Counsel.                                          
                                                                                                    
Memo dated May 11 from the Division of Legal Services was                                           
received, stating:                                                                                  
                                                                                                    
There are two errors in FCCS SB283 (Work Order No. 23-                                              
LS1553\W).                                                                                          
                                                                                                    
First, section 33 had two effective dates--May 11 and July 1, 2004.  In                             
reviewing our backup material for the bill, the effective date was                                  
clearly supposed to be July 1, 2004.                                                                
                                                                                                    
Second, amendment 1(g) to 23-LS8008, am. 102 was omitted from the                                   
bill, although the committee voted on and approved the amendment.                                   
                                                                                                    
We are preparing a new final FCCS SB283 which we have produced                                      
for you in order to correct these two errors in the "W" version.  The                               
effective date of section 33 will be July 1, 2004.  Amendment 1(g) will                             
appear in sec. 47(e), with a May 11 effective date and a capital lapse.                             
                                                                                                    
I apologize for the inconvenience and delay these errors have caused.                               
                                                                                                    
Senator Ben Stevens moved that the Senate adopt the Conference                                      
Committee Report on FREE CONFERENCE CS FOR SENATE BILL                                              
NO. 283(Corrected).                                                                                 
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3765
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on FREE CONFERENCE CS FOR SENATE BILL                                              
NO. 283(Corrected) "An Act making, amending, and repealing                                          
appropriations, including capital appropriations, supplemental                                      
appropriations, reappropriations, and appropriations to capitalize                                  
funds; making appropriations under art. IX, sec. 17(c), Constitution of                             
the State of Alaska, from the constitutional budget reserve fund; and                               
providing for an effective date"?" The roll was taken with the                                      
following result:                                                                                   
                                                                                                    
FCCS SB 283 (Corrected)                                                                             
Adopt Free Conference Committee Report?                                                             
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, the report was adopted.                                                                     
                                                                                                    
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.                                                 
                                                                                                    
Senator Ben Stevens moved that the constitutional budget reserve fund                               
sections be adopted.                                                                                
                                                                                                    
The question being: "Shall the constitutional budget reserve fund                                   
sections (Article IX, Section 17(c) Constitution of the State of Alaska)                            
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
FCCS SB 283 (Corrected)                                                                             
Adopt Constitutional Budget Reserve                                                                 
Fund Section(s)?                                                                                    
                                                                                                    
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                                                              
                                                                                                    

2004-05-11                     Senate Journal                      Page 3766
and so, the constitutional budget reserve fund sections were adopted.                               
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for engrossment and enrollment.                              
                                                                                                    
HB 423                                                                                            
CS FOR HOUSE BILL NO. 423(JUD) am "An Act relating to                                               
accidents involving the vehicle of a person under the influence of an                               
alcoholic beverage" which passed the Senate May 10 (page 3615) was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 427                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 427(JUD) "An                                           
Act relating to guardianships and conservatorships, to the public                                   
guardian and the office of public advocacy, to private professional                                 
guardians and private professional conservators, to court visitors,                                 
court-appointed attorneys, guardians ad litem, and fiduciaries, and to                              
the protection of the person or property of certain individuals,                                    
including minors; amending Rule 17(c), Alaska Rules of Civil                                        
Procedure, and Rules 16(f) and 17(e), Alaska Rules of Probate                                       
Procedure; and providing for an effective date" was not taken up this                               
legislative day and the bill was signed by the President and Secretary                              
and returned to the House.                                                                          
                                                                                                    
HB 490                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 490(JUD) am                                            
"An Act relating to the release of employment security records, to the                              
binding effect of determinations and decisions regarding                                            
unemployment compensation benefits, and to contributions, interest,                                 
penalties, and payments under the Alaska Employment Security Act;                                   
providing that property under the Alaska Employment Security Act is                                 
not subject to the Uniform Unclaimed Property Act; and providing for                                
an effective date" was not taken up this legislative day and the bill was                           
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 517                                                                                            
The reconsideration on HOUSE BILL NO. 517(title am) "An Act                                         
relating to the definition of certain security accounts, including certain                          
reinvestment, investment management, and custody accounts" was not                                  
taken up this legislative day and the bill was signed by the President                              
and Secretary and returned to the House.                                                            

2004-05-11                     Senate Journal                      Page 3767
HB 542                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 542(RLS) "An                                           
Act reducing to $5,000 the ceiling for a contract price allowed under                               
one construction contractor exemption and expanding the work that a                                 
specialty contractor may perform to include, in addition to work                                    
requiring not more than three trades, work under that construction                                  
contractor exemption; and changing the definition of specialty                                      
contractor to refer to the work that a specialty contractor may perform"                            
was not taken up this legislative day and the bill was signed by the                                
President and Secretary and returned to the House.                                                  
                                                                                                    
HB 545                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 545(L&C) "An                                           
Act relating to time extensions under the State Procurement Code for                                
real property leases; 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.                                                                
                                                                                                    
HJR 26                                                                                            
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, was not taken up this legislative day and the resolution                                
was returned to the House for permanent filing.                                                     
                                                                                                    
HCR 16                                                                                            
The reconsideration on CS FOR HOUSE CONCURRENT                                                      
RESOLUTION NO. 16(RLS) Proposing amendments to the Uniform                                          
Rules of the Alaska State Legislature providing that the 2000 edition                               
of "Mason's Manual of Legislative Procedure" shall implement the                                    
rules; relating to meetings of subcommittees and conference                                         
committees; and providing for an effective date for the amendments,                                 
was not taken up this legislative day and the resolution was signed by                              
the President and Secretary and returned to the House.                                              
                                                                                                    
                                                                                                    
                                 Announcements                                                   
                                                                                                    
Announcements are at the end of the journal.                                                        

2004-05-11                     Senate Journal                      Page 3768
                                  Engrossment                                                    
                                                                                                    
HB 29                                                                                             
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                                                   
BILL NO. 29(JUD) An Act relating to real estate licensees and real                                  
estate transactions; and providing for an effective date" which passed                              
the Senate May 10 (page 3614) was engrossed, signed by the President                                
and Secretary and returned to the House for consideration.                                          
                                                                                                    
HB 233                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) "An Act                                                
increasing the base student allocation used in the formula for state                                
funding of public education; and providing for an effective date" was                               
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
HB 275                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 275(JUD) "An Act                                                
relating to animals, and to the care of and to cruelty to animals" was                              
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
HB 405                                                                                            
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" was engrossed, signed by the President and                                   
Secretary and returned to the House for consideration.                                              
                                                                                                    
HB 452                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 452(RES) An Act                                                 
relating to licensing and regulation of sport fishing operators and sport                           
fishing guides; relating to licensing and registration of sport fishing                             
vessels; 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" was engrossed,                                  
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    

2004-05-11                     Senate Journal                      Page 3769
HB 495                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 495(FIN) "An Act                                                
allowing a joint action agency to encumber property interests for                                   
security purposes; declaring certain joint action agencies to be political                          
subdivisions for certain purposes; restricting the sale of property of the                          
joint action agency; allowing the joint action agency to transfer                                   
property to security interest holders under a security interest or to                               
other parties without legislative approval; and providing for an                                    
effective date" was engrossed, signed by the President and Secretary                                
and returned to the House for consideration.                                                        
                                                                                                    
HB 511                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 511(FIN) An Act                                                 
relating to the certificate of need program for health care facilities; and                         
providing for an effective date" was engrossed, signed by the President                             
and Secretary and returned to the House for consideration with a                                    
Senate Letter of Intent.                                                                            
                                                                                                    
HB 513                                                                                            
SENATE CS FOR HOUSE BILL NO. 513(JUD) An Act relating to                                            
the enforcement of support orders through suspension of drivers'                                    
licenses; changing the name of the child support enforcement agency                                 
to the child support services agency; amending Rules 90.3 and 90.5,                                 
Alaska Rules of Civil Procedure; and providing for an effective date"                               
as engrossed, signed by the President and Secretary and returned to the                             
House for consideration.                                                                            
                                                                                                    
HB 514                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 514(FIN) An Act                                                 
relating to child support modification and enforcement, to the                                      
establishment of paternity by the child support enforcement agency,                                 
and to the crimes of criminal nonsupport and aiding the nonpayment                                  
of child support; amending Rule 90.3, Alaska Rules of Civil                                         
Procedure; and providing for an effective date" was engrossed, signed                               
by the President and Secretary and returned to the House for                                        
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3770
SCR 30                                                                                            
SENATE CONCURRENT RESOLUTION NO. 30 Suspending Rules                                                
24(c), 35, 41(b), 42(c) and 42(e), Uniform Rules of the Alaska State                                
Legislature, concerning Senate Bill No. 283, relating to appropriations                             
from the constitutional budget reserve fund, was engrossed, signed by                               
the President and Secretary and transmitted to the House for                                        
consideration.                                                                                      
                                                                                                    
SCR 31                                                                                            
SENATE CONCURRENT RESOLUTION NO. 31 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 464, relating to the termination                             
date of the Board of Certified Real Estate Appraisers, was engrossed,                               
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
SCR 32                                                                                            
SENATE CONCURRENT RESOLUTION NO. 32 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 503, relating to the tobacco                                 
product Master Settlement Agreement, was engrossed, signed by the                                   
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
SCR 33                                                                                            
SENATE CONCURRENT RESOLUTION NO. 33 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 309, relating to nonindigenous                               
fish, was engrossed, signed by the President and Secretary and                                      
transmitted to the House for consideration.                                                         
                                                                                                    
HJR 36                                                                                            
SENATE CS FOR HOUSE JOINT RESOLUTION NO. 36(RES)                                                    
Requesting the National Park Service to mitigate the adverse                                        
economic effects of commercial fishing closures and restrictions in                                 
Glacier Bay National Park and Preserve, was engrossed, signed by the                                
President and Secretary and returned to the House for consideration.                                
                                                                                                    
                                                                                                    

2004-05-11                     Senate Journal                      Page 3771
HCR 32                                                                                            
SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION                                                    
NO. 32(FIN) Relating to information infrastructure and establishing                                 
the Alaska Information Infrastructure Policy Task Force, was                                        
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
HCR 39                                                                                            
SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION                                                    
NO. 39(RES) Requesting a study and report on the competitiveness of                                 
the state's oil and gas tax and royalty structure, was engrossed, signed                            
by the President and Secretary and returned to the House for                                        
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                  Adjournment                                                    
                                                                                                    
Senator Guess moved and asked unanimous consent that the Twenty-                                    
third Alaska Senate adjourn sine die. Without objection, the Senate                                 
adjourned at 11:44 p.m.                                                                             
                                                                                                    
                                                                                   Kirsten Waid     
                                                                     Secretary of the Senate        
                                                                                                    
                                                                                       June 2017    

2004-05-11                     Senate Journal                      Page 3772
                                 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 11            Tuesday                           Senate Finance 532                  11:00 AM  
                  -- Time Change --                                                                 
+                 Bills Previously Heard/Scheduled                                                  
+= HB 461 EMERGENCY SERVICES DISPATCH/911 SURCHARGE                                                 
                   ----------------------------------------                                        
                                                                                                    
                      HEALTH, EDUCATION & SOCIAL SERVICES                                        
                                                                                                    
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                                                  
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                    CONFERENCE COMMITTEE FOR SENATE BILL 30                                      
                                                                                                    
May 11            Tuesday                              Fahrenkamp 203                   10:30 AM  
                  -- Time Change --                                                                 
      SB  30 ABORTION: INFORMED CONSENT; INFORMATION                                                
                  Moved CCS SB  30 Out of Committee                                                 
                   ----------------------------------------                                        

2004-05-11                     Senate Journal                      Page 3773
                         JOINT COMMITTEES (continued)                                            
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
May 18            Tuesday                           Anch Lio Conf Rm                     12:00 PM 
                  Discussion re: Authorizing the purchase                                           
                  of a multi client study of the relative                                           
                  competitiveness of more than 60 oil and                                           
                  gas producing regions including Alaska                                            
                   ----------------------------------------                                        
                                                                                                    
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                       
                                                                                                    
May 24            Monday                            Anch Lio Conf Rm                    10:00 AM  
                  FULL COMMITTEE: Open Session                                                      
                  Public Comment                                                                    
                  Advisory Opinion 04-03                                                            
                  Immediately Following Full Committee:                                             
                  <Teleconference on above Meeting Only>                                            
                  SENATE SUBCOMMITTEE: Executive Session                                            
                  Public Comment                                                                    
                  Executive Session                                                                 
                  Public Session