Legislature(2003 - 2004)

2004-03-03 Senate Journal

Full Journal pdf

2004-03-03                     Senate Journal                      Page 2377
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                    March 3, 2004                       
                                                                                                    
                               Fifty-second Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:06 a.m.                                                                            
                                                                                                    
The roll showed sixteen members present. Senators Davis, Ellis were                                 
excused from a call of the Senate. Senators Hoffman, Ogan were                                      
absent.                                                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor John Bigelow of                                      
Bethany Baptist Church. Senator Olson moved and asked unanimous                                     
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
     Father, thank You again for a new day, with new                                                
     opportunities. I thank You for the opportunity I have of being                                 
     here and praying for the Senators. I ask, God, that You would                                  
     be with them as they deliberate, as they look over the rules                                   
     that they have to consider, the bills that they have to present. I                             
     pray, Father, that You would grant them wisdom.                                                
                                                                                                    
     As I pray for them today, I think of our country. I pray for our                               
     President and his cabinet. I pray for our Governor, Lieutenant                                 
     Governor, and the Senate and the House today here in this                                      
     building. They do the business of our state. I pray, God, that                                 
     You would grant to them great wisdom and insight into the                                      
     very issues that they face.                                                                    
                                                                                                    
     Lord, I think today of our military around the world who are                                   
     fighting for our freedoms. I pray, God, that You would wrap                                    
     Your loving arms around them and bring them home safely.                                       
                                                                                                    
     Thank You again for Your love, Your concern, and Your care                                     
     for us. We commit this day and everything in it to You, O                                      
 God. I pray in Christ's name.                                         Amen.                       

2004-03-03                     Senate Journal                      Page 2378
Senator Seekins led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the fifty-first legislative day be approved as certified by the                         
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
The presence of Senators Hoffman, Ogan was noted.                                                   
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 91                                                                                             
Forthcoming fiscal note (page 2363) for SPONSOR SUBSTITUTE                                          
FOR SENATE BILL NO. 91 "An Act relating to the base student                                         
allocation used in the formula for state funding of public education;                               
and providing for an effective date" was published today:                                           
 Fiscal Note No. 1, Department of Education and Early                                               
          Development                                                                               
                                                                                                    
SB 203                                                                                            
The Finance Committee considered SENATE BILL NO. 203 "An Act                                        
relating to certain administrative hearings; and establishing the office                            
of administrative hearings and relating to that office" and                                         
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SENATE BILL NO. 203(FIN) "An Act                                                   
          relating to administrative hearings, to hearing                                           
          officers, and to administrative law judges;                                               
          establishing the office of administrative hearings and                                    
          relating to that office; and providing for an effective                                   
          date."                                                                                    
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators Dyson,                                  
Bunde, Ben Stevens. Signing no recommendation: Senator Hoffman.                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 6, Department of Administration                                                    

2004-03-03                     Senate Journal                      Page 2379
 Fiscal Note No. 7, Department of Administration                                                    
 Fiscal Note No. 8, zero, Department of Labor and Workforce                                         
          Development                                                                               
 Fiscal Note No. 9, Department of Public Safety                                                     
 Fiscal Note No. 10, zero, Department of Health and Social                                          
          Services                                                                                  
 Fiscal Note No. 11, Office of the Governor                                                         
 Fiscal Note No. 12, indeterminate, Department of Community and                                     
          Economic Development                                                                      
 Fiscal Note No. 13, zero, Department of Education and Early                                        
          Development                                                                               
 Fiscal Note No. 14, indeterminate, Department of Environmental                                     
          Conservation                                                                              
 Fiscal Note No. 15, Department of Community and Economic                                           
          Development                                                                               
 Fiscal Note No. 16, Department of Community and Economic                                           
          Development                                                                               
 Fiscal Note No. 17, indeterminate, Department of Law                                               
 Fiscal Note No. 18, indeterminate, Department of Education and                                     
          Early Development                                                                         
 Fiscal Note No. 19, Department of Revenue                                                          
 Fiscal Note No. 20, Department of Revenue                                                          
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 322                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
322 "An Act relating to the rate of the salmon enhancement tax."                                    
Signing do pass: Senator Bunde, Chair; Senators Seekins, Gary                                       
Stevens. Signing no recommendation: Senator French.                                                 
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Revenue                                            
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-03                     Senate Journal                      Page 2380
HJR 32                                                                                            
The Resources Committee considered CS FOR HOUSE JOINT                                               
RESOLUTION NO. 32(FSH) am Relating to the labeling of fish and                                      
fishery food products. Signing do pass: Senator Ogan, Chair; Senators                               
Seekins, Lincoln, Dyson, Elton, Wagoner, Ben Stevens.                                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Fish and Game                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Environmental                                               
          Conservation                                                                              
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 358                                                                                            
SENATE BILL NO. 358 BY THE SENATE TRANSPORTATION                                                    
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to the performance of railroad track                                     
          construction work for the Department of                                                   
          Transportation and Public Facilities by the Alaska                                        
          Railroad Corporation."                                                                    
                                                                                                    
was read the first time and referred to the Transportation and Labor                                
and Commerce Committees.                                                                            
                                                                                                    
SB 359                                                                                            
SENATE BILL NO. 359 BY THE SENATE FINANCE                                                           
COMMITTEE, entitled:                                                                                
                                                                                                    
              "An Act making reappropriations; and providing for                                   
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    

2004-03-03                     Senate Journal                      Page 2381
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 190                                                                                            
SENATE BILL NO. 190 "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; amending the qualifications for members                                    
of the Kenai River Special Management Area advisory board; and                                      
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Gary Stevens, Chair, moved and asked unanimous consent for                                  
the adoption of the State Affairs Committee Substitute offered on page                              
1971. Without objection, 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" was adopted.                                                   
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Elton objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 190(STA)                                         
will be on the March 4 calendar.                                                                    
                                                                                                    
SB 203                                                                                            
SENATE BILL NO. 203 "An Act relating to certain administrative                                      
hearings; and establishing the office of administrative hearings and                                
relating to that office" was read the second time.                                                  
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 2378.                                  
Senator Elton objected, then withdrew his objection. There being no                                 
further objections, CS FOR SENATE BILL NO. 203(FIN) "An Act                                         
relating to administrative hearings, to hearing officers, and to                                    
administrative law judges; establishing the office of administrative                                
hearings and relating to that office; and providing for an effective                                
date" was adopted.                                                                                  

2004-03-03                     Senate Journal                      Page 2382
Senator Guess offered Amendment No. 1 :                                                              
The first sentence of Sec. 44.21.510(c), added in bill sec. 2, is                                   
amended to read:                                                                                    
     "The chief administrative law judge is appointed to a five-year                                
     term of office by the governor and is subject to confirmation by                               
     the legislature."                                                                              
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 1. Senator                                    
Cowdery objected, then withdrew his objection. There being no                                       
further objections, Amendment No. 1 was adopted.                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Elton objected.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 203(FIN) am                                                                                    
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  12   NAYS:  6   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Elton, French, Guess, Hoffman, Lincoln, Olson                                                
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
CS FOR SENATE BILL NO. 203(FIN) am will be on the March 4                                           
calendar.                                                                                           
                                                                                                    
SB 260                                                                                            
SENATE BILL NO. 260 "An Act relating to metropolitan planning                                       
organizations and to establishment of a metropolitan planning                                       
organization for the Anchorage metropolitan area; and providing for                                 
an effective date" was read the second time.                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-03                     Senate Journal                      Page 2383
Senator Cowdery, Chair, moved and asked unanimous consent for the                                   
adoption of the Transportation Committee Substitute offered on page                                 
2209. Without objection, 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; and providing for an effective date" was                               
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens offered Amendment No. 1 :                                                        
                                                                                                    
Page 1, line 2, following "area;":                                                                
          Insert "relating to transportation planning in federally                                
recognized metropolitan planning areas;"                                                          
                                                                                                    
Page 1, following line 4:                                                                           
          Insert a new bill section to read:                                                        
"* Section 1.  AS 19.10.160(b) is amended to read:                                                
                   (b)  Design [AFTER DECEMBER 31, 2002,                                        
          DESIGN] for proposed major upgrade and new construction                                   
          projects for highways in federally recognized metropolitan                                
          planning areas must be conducive to safety, durability, and                               
          economy of maintenance and provide for capacity that will                                 
          adequately serve planned future traffic as set out in this                                
          subsection. This subsection does not apply to designs for                                 
          highway maintenance projects. Proposed major upgrade and                                  
          new construction projects that are estimated to cost                                      
                             (1)  less than $5,000,000 must be designed to                          
          adequately serve planned future traffic for at least the next 10                          
                  years [AFTER CONSTRUCTION OF THE PROJECT];                                       
                             (2)  $5,000,000 or more [BETWEEN                                   
          $5,000,000 AND $10,000,000, INCLUSIVE,] must be                                           
          designed to adequately serve planned future traffic for at least                          
          the next 20 years [AFTER CONSTRUCTION OF THE                                              
          PROJECT;                                                                                  
                             (3)  MORE THAN $10,000,000 MUST BE                                     
          DESIGNED TO ADEQUATELY SERVE PLANNED                                                      
          FUTURE TRAFFIC FOR AT LEAST THE NEXT 25                                                   
          YEARS AFTER CONSTRUCTION OF THE PROJECT]."                                                
                                                                                                    
                                                                                                    

2004-03-03                     Senate Journal                      Page 2384
Page 1, line 5:                                                                                     
          Delete "Section 1."                                                                     
          Insert "Sec. 2."                                                                        
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, line 8:                                                                                     
          Delete "sec. 1"                                                                           
          Insert "sec. 2"                                                                           
                                                                                                    
Page 3, line 13:                                                                                    
          Delete "July 1, 2005"                                                                     
          Insert  "immediately under AS 01.10.070(c)"                                               
                                                                                                    
Page 3, following line 13:                                                                          
          Insert a new bill section to read:                                                        
   "* Sec. 5.  Section 2 of this Act takes effect July 1, 2005."                                  
                                                                                                    
Senator Ben Stevens moved for the adoption of Amendment No. 1.                                      
Senator Guess objected.                                                                             
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 260(TRA)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, French, Green, Guess,                                          
Hoffman, Lincoln, Ogan, Seekins, Stedman, Stevens B, Stevens G,                                     
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
Absent:  Olson                                                                                      
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-03                     Senate Journal                      Page 2385
Senator Guess offered Amendment No. 2 :                                                              
                                                                                                    
Page 2, lines 1 - 2:                                                                                
          Delete "for a metropolitan area with a population greater than                            
200,000 persons"                                                                                    
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 2. Senator                                    
Ben Stevens objected.                                                                               
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 260(TRA) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  7   NAYS:  11   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Dyson, Elton, French, Guess, Lincoln, Ogan, Olson                                            
                                                                                                    
Nays:  Bunde, Cowdery, Green, Hoffman, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
and so, Amendment No. 2 failed to be adopted.                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Elton objected.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 260(TRA) am                                                                                    
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  12   NAYS:  6   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Elton, French, Guess, Hoffman, Lincoln, Olson                                                
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
and so, the bill failed to advance to third reading.                                                

2004-03-03                     Senate Journal                      Page 2386
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" will                              
be on the March 4 calendar.                                                                         
                                                                                                    
SB 291                                                                                            
SENATE BILL NO. 291 "An Act extending the transition period for                                     
activities involving unstamped cigarettes; and providing for an                                     
effective date" was read the second time.                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE BILL NO. 291 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 291 "An Act                                              
extending the transition period for activities involving unstamped                                  
cigarettes; and providing for an effective date" pass the Senate?" The                              
roll was taken with the following result:                                                           
                                                                                                    
SB 291                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  1   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, French, Green, Guess,                                          
Hoffman, Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Ogan                                                                                         
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
and so, SENATE BILL NO. 291 passed the Senate.                                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          

2004-03-03                     Senate Journal                      Page 2387
SB 299                                                                                            
SENATE BILL NO. 299 "An Act relating to a charge for a bad check"                                   
was read the second time.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Elton objected.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
SB 299                                                                                              
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  12   NAYS:  6   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Elton, French, Guess, Hoffman, Lincoln, Olson                                                
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
SENATE BILL NO. 299 will be on the March 4 calendar.                                                
                                                                                                    
                        Third Reading of Senate Bills                                            
SB 295                                                                                            
SENATE BILL NO. 295 was read the third time.                                                        
                                                                                                    
Senators Ben Stevens, Gary Stevens moved and asked unanimous                                        
consent to be shown as cosponsors on the bill. Without objection, it                                
was so ordered.                                                                                     
                                                                                                    
The question being: "Shall SENATE BILL NO. 295 "An Act                                              
extending the termination date of the Navigable Waters Commission                                   
for Alaska; and providing for an effective date" pass the Senate?" The                              
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-03                     Senate Journal                      Page 2388
                                                                                                    
SB 295                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  2   EXCUSED:  2   ABSENT:  0                                                     
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, French, Green, Guess, Ogan,                                    
Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner,                                 
Wilken                                                                                              
                                                                                                    
Nays:  Hoffman, Lincoln                                                                             
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
and so, SENATE BILL NO. 295 passed the Senate.                                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Lincoln gave notice of reconsideration.                                                     
                                                                                                    
SB 305                                                                                            
SENATE BILL NO. 305 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 305 "An Act relating                                     
to state ownership of submerged land underlying water that was                                      
navigable at the time Alaska achieved statehood" pass the Senate?"                                  
The roll was taken with the following result:                                                       
                                                                                                    
SB 305                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  5   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Guess, Ogan, Seekins,                                          
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Elton, French, Hoffman, Lincoln, Olson                                                       
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
and so, SENATE BILL NO. 305 passed the Senate.                                                      
                                                                                                    
Senator Guess gave notice of reconsideration.                                                       

2004-03-03                     Senate Journal                      Page 2389
SB 348                                                                                            
CS FOR SENATE BILL NO. 348(FIN) was read the third time.                                            
                                                                                                    
Senators Wilken, Seekins moved and asked unanimous consent to be                                    
shown as cosponsors on the bill. Without objection, it was so ordered.                              
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 348(FIN)                                          
"An Act approving and ratifying the sale of royalty oil by the State of                             
Alaska to Flint Hills Resources Alaska, LLC, and Flint Hills                                        
Resources, LLC; and providing for an effective date" pass the                                       
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 348(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, French, Green, Guess,                                          
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
and so, CS FOR SENATE BILL NO. 348(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.                                                  
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 348                                                                                            
Senator Guess gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 348(FIN) and moved and asked unanimous consent that it                                     
be taken up at this time. Without objection, it was so ordered and the                              
bill was before the Senate on reconsideration.                                                      
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
348(FIN) "An Act approving and ratifying the sale of royalty oil by                                 
the State of Alaska to Flint Hills Resources Alaska, LLC, and Flint                                 
Hills Resources, LLC; and providing for an effective date" pass the                                 
Senate?" The roll was taken with the following result:                                              

2004-03-03                     Senate Journal                      Page 2390
                                                                                                    
CSSB 348(FIN)                                                                                       
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, French, Green, Guess,                                          
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
and so, CS FOR SENATE BILL NO. 348(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.                                                          
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SCR 19                                                                                            
SENATE CONCURRENT RESOLUTION NO. 19 was read the                                                    
second time and was before the Senate on final passage.                                             
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 19 Relating to the support of fisheries education, training, and                                
research and encouraging collaborative efforts between the state, the                               
University of Alaska, and other educational institutions to provide                                 
fisheries education programs, pass the Senate?" The roll was taken                                  
with the following result:                                                                          
                                                                                                    
SCR 19                                                                                              
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, French, Green, Guess,                                          
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    

2004-03-03                     Senate Journal                      Page 2391
and so, SENATE CONCURRENT RESOLUTION NO. 19 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
                     Third Reading of Senate Resolutions                                         
                                                                                                    
SJR 27                                                                                            
SENATE JOINT RESOLUTION NO. 27 Relating to the resolution of                                        
submerged land title disputes, was read the third time.                                             
                                                                                                    
Senator Wilken moved and asked unanimous consent that President                                     
Therriault be shown as a cosponsor on the resolution. Without                                       
objection, it was so ordered.                                                                       
                                                                                                    
Senators Wilken, Ogan, Cowdery, Stedman, Dyson, Ben Stevens,                                        
Wagoner moved and asked unanimous consent to be shown as                                            
cosponsors on the resolution. Without objection, it was so ordered.                                 
                                                                                                    
The question being: "Shall SENATE JOINT RESOLUTION NO. 27                                           
Relating to the resolution of submerged land title disputes, pass the                               
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SJR 27                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  4   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Elton, Green, Ogan, Seekins,                                          
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Guess, Hoffman, Lincoln, Olson                                                               
                                                                                                    
Excused:  Davis, Ellis                                                                              
                                                                                                    
Absent:  French                                                                                     
                                                                                                    
and so, SENATE JOINT RESOLUTION NO. 27 passed the Senate.                                           
                                                                                                    
Senator Lincoln gave notice of reconsideration.                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-03                     Senate Journal                      Page 2392
                                  Citations                                                      
                                                                                                    
Honoring - 4-H Western Regional Leadership Forum                                                    
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens, Gary                                        
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Denise Selma Asicksik                                                                 
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Elena Crisco                                                                          
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Nona Nuyalan Amos                                                                     
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
Representative(s) Kapsner                                                                           
                                                                                                    
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 269                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 269(CRA) "An                                          
Act relating to access to library records, including access to the library                          
records of a child by a parent or guardian" was not taken up this                                   
legislative day and the bill was referred to the Secretary for                                      
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-03                     Senate Journal                      Page 2393
SB 260                                                                                            
Senator Wilken moved and asked unanimous consent to be shown as a                                   
cosponsor on 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." Without objection, it was so ordered.                                                        
                                                                                                    
Senator Wilken moved and asked unanimous consent to be excused                                      
from the Senate, not subject to a call, from afternoon plane time,                                  
March 26 to evening plane time, March 28; and from afternoon plane                                  
time, April 15 to evening plane time, April 19. Without objection,                                  
Senator Wilken was excused.                                                                         
                                                                                                    
Senator Stedman moved and asked unanimous consent to be excused                                     
from a call of the Senate from evening plane time, March 5 to evening                               
plane time, March 7; and from evening plane time, March 12 to                                       
evening plane time, March 14. Without objection, Senator Stedman                                    
was excused.                                                                                        
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 269                                                                                            
CS FOR SENATE BILL NO. 269(CRA) "An Act relating to access to                                       
library records, including access to the library records of a child by a                            
parent or guardian" was engrossed, signed by the President and                                      
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
SB 291                                                                                            
SENATE BILL NO. 291 "An Act extending the transition period for                                     
activities involving unstamped cigarettes; and providing for an                                     
effective date" was engrossed, signed by the President and Secretary                                
and transmitted to the House for consideration.                                                     

2004-03-03                     Senate Journal                      Page 2394
SB 348                                                                                            
CS FOR SENATE BILL NO. 348(FIN) "An Act approving and                                               
ratifying the sale of royalty oil by the State of Alaska to Flint Hills                             
Resources Alaska, LLC, and Flint Hills Resources, LLC; and                                          
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
SCR 19                                                                                            
SENATE CONCURRENT RESOLUTION NO. 19 Relating to the                                                 
support of fisheries education, training, and research and encouraging                              
collaborative efforts between the state, the University of Alaska, and                              
other educational institutions to provide fisheries education programs,                             
was engrossed, signed by the President and Secretary and transmitted                                
to the House for consideration.                                                                     
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., March 4, 2004. Without                                
objection, the Senate adjourned at 12:46 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2004                         

2004-03-03                     Senate Journal                      Page 2395
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
Mar 03        Wednesday                    Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 05        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Mar 03        Wednesday                 Senate Finance 532            8:00 AM                     
+             Key Campaign Presentation                                                             
                                                                                                    
Mar 03        Wednesday                 Senate Finance 532            9:00 AM                     
+ SB   1 INCREASE AMT OF BASE STUDENT ALLOCATION                                                    
+= SB 257 APPROP: CAPITAL PROJECTS                                                                  
              Dept. of Revenue                                                                      
              Dept. of Fish and Game                                                                
              Dept. of Health and Social Services                                                   
              Dept. of Labor and Workforce Development                                              
              Dept. of Military and Veterans Affairs                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-03                     Senate Journal                      Page 2396
                             FINANCE (continued)                                                 
                                                                                                    
Mar 04        Thursday                  Senate Finance 532            9:00 AM                     
+= SB 257 APPROP: CAPITAL PROJECTS                                                                  
              Office of the Governor                                                                
              Dept. of Public Safety                                                                
              Dept. of Environmental Conservation                                                   
              University of Alaska                                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 05        Friday                    Senate Finance 532            9:00 AM                     
+= SB 257 APPROP: CAPITAL PROJECTS                                                                  
              Dept. of Transportation and Public                                                    
              Facilities                                                                            
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Mar 03        Wednesday                       Butrovich 205           1:30 PM                     
+ HB 282 UNIVERSITY EMPLOYEE RESEARCH CONTRACTS                                                     
+ SB 340 DETENTION OF MINORS                                                                        
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Mar 03        Wednesday                       Butrovich 205           8:00 AM                     
+= SB 333 IF UNREAS. AGENCY DELAY, COURT DECIDES                                                    
+= SB 217 GENETIC PRIVACY                                                                           
+= HB 260 IMMUNITY FOR PROVIDING FREE HEALTH CARE                                                   
+= HB 252 OCC LICENSING: TERMS OF BD & CONT. EDUC                                                   
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 05        Friday                          Butrovich 205           8:00 AM                     
+ SB 336 CORRECTIONS: FEES/SURCHARGE                                                                
+= SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE                                                 
+ HB 397 DEFENSE CONTACTS WITH VICTIMS & WITNESSES                                                  
+ HB  83 REVISED UNIFORM ARBITRATION ACT                                                            
+             Hearing on Changes to APOC Regulations                                                
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    

2004-03-03                     Senate Journal                      Page 2397
                               LABOR & COMMERCE                                                  
                                                                                                    
Mar 04        Thursday                              Beltz 211         1:30 PM                     
+= SB 323 WORKERS COMPENSATION AND CONTRACTORS                                                      
+= HB 340 DAMAGES IN CONSTRUCTION CLAIMS                                                            
+             Bills Previously Heard/Scheduled                                                      
              Including but Not Limited to:                                                         
+= SB 311 INSURANCE & WORKERS' COMPENSATION SYSTEM                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Mar 03        Wednesday                       Butrovich 205           3:30 PM                     
+ SB 281 GENETICALLY MODIFIED FISH                                                                  
+ SB 282 PREPARED FOOD:WILD/FARMED FISH DISCLOSURE                                                  
+ SB 347 GULF OF ALASKA GROUNDFISH MORATORIUM                                                       
+ SB 339 MINING RECLAMATION ASSURANCES/FUND                                                         
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 05        Friday                          Butrovich 205           3:30 PM                     
+= SB 312 CONVENTIONAL & NONCONVENTIONAL GAS LEASES                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 08        Monday                          Butrovich 205           3:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 10        Wednesday                       Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 12        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Mar 04        Thursday                              Beltz 211         3:30 PM                     
+= SB 326 PERMANENT FUND INVESTMENTS                                                                
+ SB 309 BLOOD PATHOGENS TESTING OF PRISONERS                                                       
+ SB 351 APOC REPORTS BY NONELECTRONIC MEANS                                                        
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    

2004-03-03                     Senate Journal                      Page 2398
                                TRANSPORTATION                                                   
                                                                                                    
Mar 04        Thursday                        Butrovich 205           1:30 PM                     
+= SB 298 OFF-ROAD VEHICLE USE ON DALTON HIGHWAY                                                    
     SB 358 ALASKA RAILROAD TRACK WORK                                                              
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                 FISH & GAME                                                     
                                                                                                    
Mar 09        Tuesday                         Butrovich 205           4:00 PM                     
              Overview                                                                              
                                                                                                    
Mar 16        Tuesday                         Butrovich 205           4:00 PM                     
              Closeout                                                                              
                   ----------------------------------------                                        
                                                                                                    
                           HEALTH & SOCIAL SERVICES                                              
                                                                                                    
Mar 04        Thursday                  Senate Finance 532            4:00 PM                     
              FY 05 Budget                                                                          
                   ----------------------------------------                                        
                                                                                                    
                        MILITARY AND VETERANS AFFAIRS                                            
                                                                                                    
Mar 08        Monday                       Fahrenkamp 203             7:30 AM                     
              Overview of Department of Military and                                                
              Veterans' Affairs Budget                                                              
                   ----------------------------------------                                        
                                                                                                    
                              NATURAL RESOURCES                                                  
                                                                                                    
Mar 03        Wednesday                    Fahrenkamp 203             8:00 AM                     
              FY 05 Budget Overview and Mission                                                     
              & Measures                                                                            
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-03                     Senate Journal                      Page 2399
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                                PUBLIC SAFETY                                                    
                                                                                                    
Mar 09        Tuesday                               Beltz 211         8:00 AM                     
              Overview                                                                              
                                                                                                    
Mar 16        Tuesday                               Beltz 211         8:00 AM                     
              Closeout                                                                              
                   ----------------------------------------                                        
                                                                                                    
                                   REVENUE                                                       
                                                                                                    
Mar 03        Wednesday                    Fahrenkamp 203             6:00 PM                     
              Overview of Department of Revenue Budget                                              
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                           ENERGY POLICY TASK FORCE                                              
                                                                                                    
Mar 09        Tuesday                             Anchorage         10:00 AM                      
              AIDEA/AEA Board Room                                                                  
              813 W Northern Lights Blvd., Third Floor                                              
              10:00 AM to 3:00 PM                                                                   
                   ----------------------------------------                                        
                                                                                                    
                                 FISH CAUCUS                                                     
                                                                                                    
Mar 18        Thursday                        Butrovich 205          12:00 PM                     
              By-product Development: Getting the Most                                              
              Out of Our Salmon                                                                     
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Apr 02        Friday                       House Chamber            11:00 AM                      
              Address by US Senator Lisa Murkowski