Legislature(2003 - 2004)

2004-04-01 Senate Journal

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2004-04-01                     Senate Journal                      Page 2725
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                    Thursday                      April 1, 2004                     
                                                                                                    
                               Eighty-first Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 12:08 p.m.                                                                            
                                                                                                    
The roll showed nineteen members present. Senator Ogan was absent.                                  
                                                                                                    
The prayer was offered by the Chaplain, Pastor Gary Waterhouse of                                   
the Seventh Day Adventist Church. Senator Hoffman moved and                                         
asked unanimous consent that the prayer be spread. Without objection,                               
it was so ordered.                                                                                  
                                                                                                    
          Almighty God, Amid all the pressures of life which                                        
          we face every day, we pray for peace in the midst of                                      
          the storms. We claim Your promise that says "I will                                       
          not forget you, I have inscribed you on the palms of                                      
          my hands." As we pray that prayer, we ask that You                                        
          help us get off our own hands and into Your strong,                                       
          competent hands. Remind us Lord, when we get so                                           
          busy, that it is You who are in control and that it is                                    
          we who are here to serve You.                                                             
                                                                                                    
          Fill this chamber with Your presence, and each                                            
          Senator with a keen sense of accountability to You                                        
          and the great citizens of this state.                                                     
                                                                                                    
        In Your all-powerful name.                               Amen.                             
                                                                                                    
Senator Gary Stevens led the Senate in the Pledge of Allegiance.                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-01                     Senate Journal                      Page 2726
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the eightieth legislative day be approved as certified by the                           
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
The presence of Senator Ogan was noted.                                                             
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 201                                                                                            
Message dated March 31 was read, stating the House passed and                                       
returned:                                                                                           
                                                                                                    
                   CS FOR SENATE BILL NO. 201(HES) "An Act                                         
            relating to home care and respite care; and providing                                  
          for an effective date."                                                                   
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Message dated March 31 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 123                                                                                            
CS FOR HOUSE BILL NO. 123(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
                 "An Act relating to the allocation of money                                       
               appropriated to the Alaska Workforce Investment                                     
          Board; and providing for an effective date."                                              
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 351                                                                                            
CS FOR HOUSE BILL NO. 351(JUD) BY THE HOUSE                                                         
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
                                                                                                    

2004-04-01                     Senate Journal                      Page 2727
          "An Act relating to the devices, including carbon                                         
          monoxide detection devices, required in dwellings;                                        
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
State Affairs Committees.                                                                           
                                                                                                    
HB 419                                                                                            
CS FOR HOUSE BILL NO. 419(RES) BY THE HOUSE                                                         
RESOURCES COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to regional seafood development                                          
          associations and to regional seafood development                                          
          taxes."                                                                                   
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
HB 514                                                                                            
CS FOR HOUSE BILL NO. 514(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to child support modification and                                        
          enforcement, to the establishment of paternity by the                                     
          child support enforcement agency, and to the crimes                                       
          of criminal nonsupport and aiding the nonpayment of                                       
          child support; amending Rule 90.3, Alaska Rules of                                        
            Civil Procedure; and providing for an effective date."                                 
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 283                                                                                            
Message dated March 8 was read, stating the House passed and                                        
returned for consideration CS FOR SENATE BILL NO. 283(FIN)                                          
"An Act making an appropriation to reverse the deposit of money                                     
available for appropriation in the general fund at the end of fiscal year                           
2003 into the constitutional budget reserve fund; making an                                         
appropriation for investment management fees for the constitutional                                 

2004-04-01                     Senate Journal                      Page 2728
budget reserve fund; making appropriations under art. IX, sec. 17(c),                               
Constitution of the State of Alaska, from the constitutional budget                                 
reserve fund; and providing for an effective date" with the following                               
amendment:                                                                                          
                                                                                                    
  CS FOR SENATE BILL NO. 283(FIN) am H "An Act making an                                            
  appropriation to reverse the deposit of money available for                                       
  appropriation in the general fund at the end of fiscal year 2003                                  
  into the constitutional budget reserve fund; making an                                            
  appropriation for investment management fees for the                                              
  constitutional budget reserve fund for fiscal year 2004; making an                                
  appropriation for investment management fees for the                                              
  constitutional budget reserve fund for fiscal year 2005; making                                   
  appropriations to the Department of Education and Early                                           
  Development for K-12 educational programs; making                                                 
  appropriations to the University of Alaska and the Alaska Court                                   
  System; making an appropriation to reverse the deposit of money                                   
  available for appropriation in the general fund at the end of fiscal                              
  year 2004 into the constitutional budget reserve fund; making an                                  
  appropriation of the amount necessary to balance revenue and                                      
  general fund appropriations for fiscal years 2004 and 2005;                                       
  making appropriations for power cost equalization and for grants                                  
  to municipalities, unincorporated communities, and designated                                     
  recipients; making appropriations under art. IX, sec. 17(c),                                      
  Constitution of the State of Alaska, from the constitutional budget                               
  reserve fund; and providing for an effective date."                                               
  (Title change authorized by HCR 34)                                                               
                                                                                                    
President Therriault stated the message would be held under                                         
Unfinished Business.                                                                                
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 267                                                                                            
The Community and Regional Affairs Committee considered                                             
SENATE BILL NO. 267 "An Act relating to the exemption from                                          
taxation of real property used as the primary residence of the widow or                             
widower of a resident 65 years of age or older, and to tax equivalency                              
payments for the widow or widower of a resident 65 years of age or                                  
older" and recommended it be replaced with                                                          

2004-04-01                     Senate Journal                      Page 2729
     CS FOR SENATE BILL NO. 267(CRA) "An Act relating                                               
     to the mandatory exemption from taxation of real property                                      
     used as the primary residence of the widow or widower of a                                     
     resident 65 years of age or older and the widow or widower                                     
     of a disabled veteran, to eligibility for tax equivalency                                      
     payments for a widow or widower of a resident 65 years of                                      
     age or older and for a widow or widower of a disabled                                          
     veteran, and to tax exemptions that may be optionally                                          
     allowed by municipalities to those widows and widowers."                                       
                                                                                                    
Signing no recommendation: Senator Stedman, Chair; Senators                                         
Lincoln, Wagoner, Gary Stevens, Elton.                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Revenue                                                     
 Fiscal Note No. 2, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 361                                                                                            
The Community and Regional Affairs Committee considered                                             
SENATE BILL NO. 361 "An Act relating to discharges from small                                       
commercial passenger vessels; and providing for an effective date"                                  
and recommended it be replaced with                                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 361(CRA)                                                           
                                                                                                    
Signing do pass: Senator Stedman, Chair; Senators Wagoner, Elton.                                   
Signing no recommendation: Senator Gary Stevens. Signing amend:                                     
Senator Lincoln.                                                                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Environmental                                               
          Conservation                                                                              
                                                                                                    
The bill was referred to the Resources Committee.                                                   
                                                                                                    
                                                                                                    

2004-04-01                     Senate Journal                      Page 2730
HB 349                                                                                            
Forthcoming Judiciary Senate Committee Substitute (page 2705) for                                   
CS FOR HOUSE BILL NO. 349(JUD) am "An Act amending Rule                                             
412, Alaska Rules of Evidence" was received today.                                                  
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 23                                                                                            
SENATE CONCURRENT RESOLUTION NO. 23 BY THE                                                          
SENATE RULES COMMITTEE,                                                                             
                                                                                                    
             Authorizing a recess by the Senate and the House of                                   
            Representatives for a period of more than three days,                                  
          those days being April 9, 10, 11, and 12 of 2004.                                         
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 262                                                                                            
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 262 BY                                                       
SENATOR DAVIS, entitled:                                                                            
                                                                                                    
             "An Act extending the termination date of the Board                                   
             of Dispensing Opticians; and relating to dispensing                                   
          opticians and dispensing optician apprentices."                                           
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 322                                                                                            
SENATE BILL NO. 322 "An Act relating to the rate of the salmon                                      
enhancement tax" was read the second time.                                                          

2004-04-01                     Senate Journal                      Page 2731
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated SENATE BILL NO. 322 will be on the                                      
April 2 calendar.                                                                                   
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 282                                                                                            
HOUSE BILL NO. 282 "An Act relating to contracts between the                                        
University of Alaska and its employees involving research or other                                  
development of intellectual property and to the authority of the                                    
president of the University of Alaska regarding employee contracts for                              
development of intellectual property" was read the second time.                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
HOUSE BILL NO. 282 was read the third time.                                                         
                                                                                                    
Senators Ellis, Elton, Olson, Wagoner moved and asked unanimous                                     
consent to be shown as cross sponsors on the bill. Without objection, it                            
was so ordered.                                                                                     
                                                                                                    
The question being: "Shall HOUSE BILL NO. 282 "An Act relating to                                   
contracts between the University of Alaska and its employees                                        
involving research or other development of intellectual property and to                             
the authority of the president of the University of Alaska regarding                                
employee contracts for development of intellectual property" pass the                               
Senate?" The roll was taken with the following result:                                              
                                                                                                    
HB 282                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    

2004-04-01                     Senate Journal                      Page 2732
and so, HOUSE BILL NO. 282 passed the Senate, was signed by the                                     
President and Secretary and returned to the House.                                                  
                                                                                                    
HB 394                                                                                            
CS FOR HOUSE BILL NO. 394(HES) "An Act extending the                                                
termination date of the Alaska Commission on Aging and making                                       
technical revisions to citations related to the commission" was read the                            
second time.                                                                                        
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 394(HES) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 394(HES)                                           
"An Act extending the termination date of the Alaska Commission on                                  
Aging and making technical revisions to citations related to the                                    
commission" pass the Senate?" The roll was taken with the following                                 
result:                                                                                             
                                                                                                    
CSHB 394(HES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 394(HES) passed the Senate, was                                       
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 276                                                                                            
CS FOR SENATE BILL NO. 276(FIN) was read the third time.                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-01                     Senate Journal                      Page 2733
The question being: "Shall CS FOR SENATE BILL NO. 276(FIN)                                          
"An Act relating to the Alaska Insurance Guaranty Association;                                      
relating to the powers of the Alaska Industrial Development and                                     
Export Authority concerning the association; and providing for an                                   
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSSB 276(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Stedman, Stevens B, Stevens G, Therriault,                                  
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Bunde, Olson, Seekins                                                                        
                                                                                                    
and so, CS FOR SENATE BILL NO. 276(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.                                                  
                                                                                                    
Senator Ogan gave notice of reconsideration.                                                        
                                                                                                    
SB 301                                                                                            
CS FOR SENATE BILL NO. 301(FIN) was read the third time.                                            
                                                                                                    
President Therriault invoked Mason's Manual Rule 583 in order to                                    
make a statement.                                                                                   
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 301(FIN)                                          
"An Act relating to the Alaska Pioneers' Home and the Alaska                                        
Veterans' Home; relating to eligibility for admission to the Alaska                                 
Pioneers' Home and Alaska Veterans' Home; relating to the eligibility                               
of residents for the Alaska Pioneers' Home and the Alaska Veterans'                                 
Home for general relief assistance; relating to state veterans' home                                
facilities; making conforming amendments; and providing for an                                      
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             

2004-04-01                     Senate Journal                      Page 2734
                                                                                                    
CSSB 301(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Ellis                                                                                        
                                                                                                    
and so, CS FOR SENATE BILL NO. 301(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 clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Health, Education and Social Services Committee Letter of Intent                                    
offered on page 2654 be adopted as a Senate Letter of Intent. Without                               
objection, the Senate Letter of Intent was adopted.                                                 
                                                                                                    
CS FOR SENATE BILL NO. 301(FIN), with a Senate Letter of Intent,                                    
was referred to the Secretary for engrossment.                                                      
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Brigadier General Robertus C. N. Remkes                                                  
Representative(s) Dahlstrom                                                                         
Senator(s) Dyson, Therriault, Bunde, Cowdery, Davis, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Lena John Atti                                                                           
Representative(s) Kapsner                                                                           
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-01                     Senate Journal                      Page 2735
In Memoriam - Percy Horace Amos, Sr.                                                                
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Ellis, Elton,                                  
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SCR 23                                                                                            
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE CONCURRENT RESOLUTION NO. 23, which had been                                                 
held on the Secretary's desk (page 2730), be taken up at this time.                                 
Without objection, SENATE CONCURRENT RESOLUTION NO. 23                                              
was read the second time and was before the Senate on final passage.                                
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 23 Authorizing a recess by the Senate and the House of                                          
Representatives for a period of more than three days, those days being                              
April 9, 10, 11, and 12 of 2004, pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCR 23                                                                                              
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Wagoner changed from "Nay" to "Yea".                                                                
                                                                                                    
and so, SENATE CONCURRENT RESOLUTION NO. 23 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
                                                                                                    

2004-04-01                     Senate Journal                      Page 2736
Senator Bunde moved and asked unanimous consent to be excused                                       
from a call of the Senate from afternoon plane time, April 9 to evening                             
plane time, April 12. Without objection, Senator Bunde was excused.                                 
                                                                                                    
Senator Olson moved and asked unanimous consent to be excused                                       
from a call of the Senate from afternoon plane time, April 8 to plane                               
time, April 13. Without objection, Senator Olson was excused.                                       
                                                                                                    
Senator Hoffman moved and asked unanimous consent to be excused                                     
from a call of the Senate from noon, April 7, April 8, and through the                              
Easter break. Without objection, Senator Hoffman was excused.                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that                                          
President Therriault be excused from a call of the Senate to plane time,                            
on April 5. Without objection, Senator Therriault was excused.                                      
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 283                                                                                            
Senator Ben Stevens moved and asked unanimous consent that the                                      
concur message, which had been held on the Secretary's desk (page                                   
2727), be brought up at this time. Without objection, it was so ordered.                            
                                                                                                    
Senator Ben Stevens moved that the Senate concur in the House                                       
amendment to CS FOR SENATE BILL NO. 283(FIN) "An Act                                                
making an appropriation to reverse the deposit of money available for                               
appropriation in the general fund at the end of fiscal year 2003 into the                           
constitutional budget reserve fund; making an appropriation for                                     
investment management fees for the constitutional budget reserve                                    
fund; making appropriations under art. IX, sec. 17(c), Constitution of                              
the State of Alaska, from the constitutional budget reserve fund; and                               
providing for an effective date," thus adopting CS FOR SENATE                                       
BILL NO. 283(FIN) am H "An Act making an appropriation to reverse                                   
the deposit of money available for appropriation in the general fund at                             
the end of fiscal year 2003 into the constitutional budget reserve fund;                            
making an appropriation for investment management fees for the                                      
constitutional budget reserve fund for fiscal year 2004; making an                                  
appropriation for investment management fees for the constitutional                                 
budget reserve fund for fiscal year 2005; making appropriations to the                              
Department of Education and Early Development for K-12 educational                                  

2004-04-01                     Senate Journal                      Page 2737
programs; making appropriations to the University of Alaska and the                                 
Alaska Court System; making an appropriation to reverse the deposit                                 
of money available for appropriation in the general fund at the end of                              
fiscal year 2004 into the constitutional budget reserve fund; making an                             
appropriation of the amount necessary to balance revenue and general                                
fund appropriations for fiscal years 2004 and 2005; making                                          
appropriations for power cost equalization and for grants to                                        
municipalities, unincorporated communities, and designated                                          
recipients; making appropriations under art. IX, sec. 17(c),                                        
Constitution of the State of Alaska, from the constitutional budget                                 
reserve fund; and providing for an effective date" and recommended                                  
the body vote no.                                                                                   
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
CSSB 283(FIN) am H                                                                                  
Shall the Senate Concur in the House amendment to CSSB 283(FIN)?                                    
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendment.                                                 
                                                                                                    
                       Unfinished Business (continued)                                           
                                                                                                    
SB 329                                                                                            
Senator Wilken, Cochair, moved and asked unanimous consent that                                     
the Finance Committee referral be waived on SENATE BILL NO. 329                                     
"An Act relating to control of nuisance moose." Without objection, the                              
bill was referred to the Rules Committee.                                                           
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-01                     Senate Journal                      Page 2738
HB 397                                                                                            
The reconsideration on SENATE CS FOR CS FOR HOUSE BILL                                              
NO. 397(JUD) "An Act relating to defense contacts with and                                          
recordings of statements of victims and witnesses of sexual offenses"                               
was not taken up this legislative day and the bill was referred to the                              
Secretary for engrossment.                                                                          
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 301                                                                                            
CS FOR SENATE BILL NO. 301(FIN) "An Act relating to the Alaska                                      
Pioneers' Home and the Alaska Veterans' Home; relating to eligibility                               
for admission to the Alaska Pioneers' Home and Alaska Veterans'                                     
Home; relating to the eligibility of residents for the Alaska Pioneers'                             
Home and the Alaska Veterans' Home for general relief assistance;                                   
relating to state veterans' home facilities; making conforming                                      
amendments; and providing for an effective date" was engrossed,                                     
signed by the President and Secretary and transmitted to the House for                              
consideration with a Senate Letter of Intent.                                                       
                                                                                                    
HB 397                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 397(JUD) "An Act                                                
relating to defense contacts with and recordings of statements of                                   
victims and witnesses of sexual offenses" was engrossed, signed by                                  
the President and Secretary and returned to the House for                                           
consideration.                                                                                      
                                                                                                    
SCR 23                                                                                            
SENATE CONCURRENT RESOLUTION NO. 23 Authorizing a                                                   
recess by the Senate and the House of Representatives for a period of                               
more than three days, those days being April 9, 10, 11, and 12 of 2004.                             
was engrossed, signed by the President and Secretary and transmitted                                
to the House for consideration.                                                                     
                                                                                                    

2004-04-01                     Senate Journal                      Page 2739
                                  Enrollment                                                     
                                                                                                    
SB 291                                                                                            
SENATE BILL NO. 291 "An Act extending the transition period for                                     
activities involving unstamped cigarettes; and providing for an                                     
effective date" was enrolled, signed by the President and Secretary,                                
Speaker and Chief Clerk and the engrossed and enrolled copies                                       
transmitted to the Office of the Governor at 4:31 p.m., March 31,                                   
2004.                                                                                               
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 10:45 a.m., April 2, 2004. Without                                
objection, the Senate adjourned at 1:13 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2004                       

2004-04-01                     Senate Journal                      Page 2740
                                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                                            
                                                                                                    
Apr 02        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 05        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 07        Wednesday                    Fahrenkamp 203             1:30 PM                     
+ SB 132 MINTO FLATS GAME REFUGE & TOWNSITE                                                         
                                                                                                    
Apr 09        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 01        Thursday                  Senate Finance 532            9:00 AM                     
+ SB 255 ILLEGAL USE TRAFFIC PREEMPTION DEVICE                                                      
+ SB 350 4 DAM POOL JOINT ACTION AGENCY                                                             
+             Monetary Terms of Collective Bargaining Units                                         
+             Bills Previously Heard/Scheduled                                                      
+= SB 357 INSURANCE                                                                                 
+= SB 366 STATE  SALES TAX                                                                          
              <Listen Only Teleconference - above Bill>                                             
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-01                     Senate Journal                      Page 2741
                             FINANCE (continued)                                                 
                                                                                                    
Apr 02        Friday                    Senate Finance 532            9:00 AM                     
+= SB 313 FIRST SUPPLEMENTAL APPROPRIATION                                                          
+             Bills Previously Heard/Scheduled                                                      
+= SJR  3 CONST AM: APPROPRIATION/SPENDING LIMIT                                                    
+= SB 357 INSURANCE                                                                                 
                                                                                                    
Apr 05        Monday                    Senate Finance 532            9:00 AM                     
+ SB 368 TOBACCO TAX; LICENSING; PENALTIES                                                          
+ SB 351 APOC REPORTS BY NONELECTRONIC MEANS                                                        
+ HB 357 RESTITUTION                                                                                
+ HB 513 CSED NAME CHANGE/DRIVER'S LIC.SUSPENSION                                                   
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 06        Tuesday                   Senate Finance 532            9:00 AM                     
+             Joint Meeting w/ Senate State Affairs                                                 
              Presentation on June 30, 2003 Actuarial                                               
              Valuation Report                                                                      
              Mr. Bob Reynolds, Mercer Human Consulting                                             
+ SB 337 ENERGY PROGRAMS & FUNDS                                                                    
+ SB 303 BIG GAME GUIDE BOARD & SERVICES                                                            
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 07        Wednesday                 Senate Finance 532            9:00 AM                     
+= SB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                      
+= SB 258 APPROP:MENTAL HEALTH BUDGET                                                               
+ HB 375 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
              <Pending Referral>                                                                    
+ HB 377 APPROP:MENTAL HEALTH BUDGET                                                                
              <Pending Referral>                                                                    
+= SB 374 PERMANENT FUND INCOME DISTRIBUTION                                                        
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 08        Thursday                  Senate Finance 532            9:00 AM                     
+ SB 336 CORRECTIONS: FEES/SURCHARGE                                                                
+ HB 213 PROVISIONAL DRIVER'S LICENSE                                                               
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 09        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    

2004-04-01                     Senate Journal                      Page 2742
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 02        Friday                          Butrovich 205           1:30 PM                     
+= HB  25 HEALTH CARE SERVICES DIRECTIVES                                                           
              <Bill Hearing Postponed to 04/07/04>                                                  
+             Bills Previously Heard/Scheduled                                                      
= SB 364 LIMIT STATE AID FOR MENTAL HEALTH CARE                                                     
                                                                                                    
Apr 05        Monday                          Butrovich 205           1:30 PM                     
+             CONFIRMATION HEARINGS                                                                 
+ SB 243 POSTSECONDARY STUDENT IMMUNIZATION                                                         
+             Senate Bill:                                                                          
              HOMELAND SECURITY, NATURAL DISASTERS                                                  
              <Pending Introduction & Referral>                                                     
+ SB 222 MEDICAL PATIENT BILLING DISCLOSURES                                                        
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 07        Wednesday                       Butrovich 205           1:30 PM                     
+ HCR 31 TRAUMATIC BRAIN INJURY AWARENESS MONTH                                                     
+= HB  25 HEALTH CARE SERVICES DIRECTIVES                                                           
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 09        Friday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 02        Friday                          Butrovich 205           8:00 AM                     
+ SB 318 CONSUMPTIVE USE OF FISH AND GAME                                                           
              <Pending Referral>                                                                    
+= SB 319 CLAIMS AGAINST HEALTH CARE PROVIDERS                                                      
+= SB 323 WORKERS COMPENSATION AND CONTRACTORS                                                      
+             Bills Previously Heard/Scheduled                                                      
+= SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE                                                 
                                                                                                    
Apr 05        Monday                          Butrovich 205           8:00 AM                     
+ SB 379 PERM FUND BOARD PUBLIC MEMBER REMOVAL                                                      
+= HB 230 POLITICAL SIGNS ON PRIVATE PROPERTY                                                       
+= SB 311 INSURANCE & WORKERS' COMPENSATION SYSTEM                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    

2004-04-01                     Senate Journal                      Page 2743
                            JUDICIARY (continued)                                                
                                                                                                    
Apr 07        Wednesday                       Butrovich 205           8:00 AM                     
+ SB 246 HATE CRIMES/DISCRIMINATION/TOLERANCE PROG                                                  
+ HB 350 CRIME VICTIMS' COMPENSATION FOR ARSON                                                      
+= HB 252 OCC LICENSING: TERMS OF BD & CONT. EDUC                                                   
+= SB 308 DOMESTIC VIOLENCE PROTECTIVE ORDERS                                                       
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 09        Friday                          Butrovich 205           8:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 01        Thursday                              Beltz 211         1:30 PM                     
+ SB 377 STATE MECHANICAL CODE                                                                      
+ SB 365 SPEECH-LANGUAGE PATHOLOGIST ASSISTANTS                                                     
+ HB 341 DIVE FISHERY MANAGEMENT ASSESSMENT                                                         
              Bills Previously Heard/Scheduled                                                      
              Including but Not Limited to:                                                         
= SB 358 ALASKA RAILROAD TRACK WORK                                                                 
              <Bill Hearing Postponed>                                                              
                                                                                                    
Apr 06        Tuesday                               Beltz 211         1:30 PM                     
+ SB 341 AVTEC ADMINISTRATION                                                                       
+ SB 272 DEFERRED DEPOSIT ADVANCES (PAYDAY LOANS)                                                   
+= HB 288 CHANGING NAME OF DEPT OF COMM & ECON DEV.                                                 
              Bills Previously Heard/Scheduled                                                      
              Including But Not Limited To:                                                         
+= HB 356 EXTEND ALCOHOL DELIVERY SITE SUNSET                                                       
                                                                                                    
Apr 08        Thursday                              Beltz 211         1:30 PM                     
              -- Meeting Canceled --                                                                
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Apr 02        Friday                          Butrovich 205           3:30 PM                     
+= HJR 34 FED TRAINING AND ASSISTANCE FOR FISHERMEN                                                 
              <Bill Hearing Rescheduled from 03/31/04>                                              
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    

2004-04-01                     Senate Journal                      Page 2744
                            RESOURCES (continued)                                                
                                                                                                    
Apr 05        Monday                          Butrovich 205           3:30 PM                     
+ SB 378 POLLUTION DISCHARGE & WASTE TRMT/DISPOSAL                                                  
+ HB 486 MINING RECLAMATION ASSURANCES/FUND                                                         
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 07        Wednesday                       Butrovich 205           3:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 09        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 12        Monday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 01        Thursday                              Beltz 211         3:30 PM                     
+ SB 231 DECREASE TIME TO CLAIM UNCLAIMED PROPERTY                                                  
+ SJR 30 AMEND & FUND  NO CHILD LEFT BEHIND ACT                                                     
+= SB 354 HUMAN RIGHTS COMMISSION PROCEDURES                                                        
              Bills Previously Heard/Scheduled                                                      
+= HB  91 RETIRED PEACE OFFICER'S MEDICAL BENEFITS                                                  
                                                                                                    
Apr 06        Tuesday                   Senate Finance 532            9:00 AM                     
              -- Time and Location Change --                                                        
              Joint Meeting w/ Senate Finance                                                       
              PERS/TERS Presentation                                                                
                                                                                                    
Apr 06        Tuesday                               Beltz 211         3:30 PM                     
+ HCR 29 SUPPORT THERAPEUTIC COURTS                                                                 
+ HB 494 ELECTRONIC PAYMENT FOR STATE BUSINESS                                                      
+ HB 447 2004 REVISORS BILL                                                                         
+ SB 219 OFFENSES AGAINST UNBORN CHILDREN                                                           
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 08        Thursday                              Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2004-04-01                     Senate Journal                      Page 2745
                                TRANSPORTATION                                                   
                                                                                                    
Apr 01        Thursday                        Butrovich 205           1:30 PM                     
              -- Rescheduled from 03/30/04 --                                                       
= SB 371 POWERS/DUTIES DOTPF                                                                        
     SB 382 EMINENT DOMAIN/REPLAT OF BOUNDARY CHANGES                                               
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 06        Tuesday                         Butrovich 205           1:30 PM                     
+= SB 371 POWERS/DUTIES DOTPF                                                                       
              Presentation on Pavement Research                                                     
                                                                                                    
Apr 08        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                 CORRECTIONS                                                     
                                                                                                    
Apr 01        Thursday                  Senate Finance 532           12:00 PM                     
              FY 05 Budget Close-out                                                                
                   ----------------------------------------                                        
                                                                                                    
                          ENVIRONMENTAL CONSERVATION                                             
                                                                                                    
Apr 02        Friday                                Beltz 211        12:00 PM                     
              FY 05 Operating Budget Close-out                                                      
                   ----------------------------------------                                        
                                                                                                    
                           HEALTH & SOCIAL SERVICES                                              
                                                                                                    
Apr 01        Thursday                  Senate Finance 532            4:00 PM                     
              -- Meeting Canceled --                                                                
              FY 05 Budget: Unfinished Business &                                                   
              Preliminary Close-out                                                                 
                                                                                                    
Apr 03        Saturday                  Senate Finance 532          10:00 AM                      
              -- Meeting Canceled --                                                                
              FY 05 Budget Close-out                                                                
                   ----------------------------------------                                        
                                                                                                    

2004-04-01                     Senate Journal                      Page 2746
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                                   REVENUE                                                       
                                                                                                    
Apr 01        Thursday                     Fahrenkamp 203             5:00 PM                     
              -- Meeting Postponed to 04/02/04--                                                    
              FY 05 Operating Budget Close-out                                                      
                                                                                                    
Apr 02        Friday                                Beltz 211         5:30 PM                     
              FY 05 Budget Close-out                                                                
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Apr 15        Thursday                   House Finance 519           12:00 PM                     
              Veteran's Home Feasibility Study                                                      
              Presented by ASCG                                                                     
                   ----------------------------------------                                        
                                                                                                    
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                       
                                                                                                    
Apr 01        Thursday                  Anch Lio Conf Rm              8:30 AM                     
              -- Teleconference <Listen Only> --                                                    
              ** SUBCOMMITTEE MEETING **                                                            
              Open Meetings                                                                         
                                                                                                    
Apr 14        Wednesday                 Anch Lio Conf Rm              8:30 AM                     
              -- Teleconference <Listen Only> --                                                    
              **SUBCOMMITTEE MEETING**                                                              
+              Open Meetings                                                                        
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Apr 02        Friday                       House Chamber            11:00 AM                      
              Address by US Senator Lisa Murkowski                                                  
                   ----------------------------------------                                        
                                                                                                    

2004-04-01                     Senate Journal                      Page 2747
                            MISCELLANEOUS MEETINGS                                               
                                                                                                    
Apr 06        Tuesday                         Butrovich 205          12:00 PM                     
              Joint Legislative Health Caucus                                                       
+             "Alaska's State of Mind:  Is Alaska's                                                 
              Mental Health Improving"